Law Offices of Jeffrey Sherbow v. Fieger & Fieger Pc

Summary

The Court held that a referral-fee agreement under MRPC 1.5(e) requires the referring attorney to establish an attorney-client relationship with the referred individual, although that relationship may be limited to a consultation and referral. The Court also held that the party challenging enforceability on public-policy grounds bears the burden of proving noncompliance with the rule. Because the trial court improperly placed that burden on Sherbow, the Court affirmed the verdict concerning Rice's estate, left the results concerning Mervie and Hill undisturbed, vacated the verdict concerning Dixon, and remanded for a new trial limited to Dixon's referral fee.