If you are an attorney and would like to discuss a potential referral to the Law Office of Mark L. Van Buskirk, please contact Mr. Van Buskirk at (213) 438-9999 or email at Mark@VanBuskirkLaw.com.
All referral agreements and referral fees are paid consistent with State Bar Rule 2-200. When attorneys enter into a fee-sharing agreement, the client is advised and the referring attorney is identified in the retainer agreement with the Law Office of Mark L. Van Buskirk. The division of fees is approved by the client in writing. The division of fees will not increase the fee due from the client. Recognition and acknowledgment of the referral agreement by the client at the time of initial retention prevents any later misunderstanding regarding the division of fees.
In each case, the amount or percentage of the referral fee is different, depending upon the individual circumstances of the case. Factors that affect the referral fee include the size of the case, its complexity, the overall fee negotiated with the client, the likelihood of success, the responsibility for advanced costs, the amount of involvement of the referring attorney, and the point in the case at which the Law Office of Mark L. Van Buskirk has been retained or associated.
The Law Office of Mark L. Van Buskirk welcomes referrals at any point in the litigation. Ideally, Mr. Van Buskirk prefers to be retained as early as possible so that he can direct litigation strategy, discovery planning, expert retention, trial preparation and settlement negotiations.
All referral fees are paid in accordance with California State Bar guidelines, and all referral agreements are committed to writing after disclosure and explanation to the client.
California Rule Of Professional Conduct 2-200 Financial Arrangements Among Lawyers:
(A) A member shall not divide a fee for legal services with a lawyer who is not a partner of, associate of, or shareholder with the member unless:
(1) The client has consented in writing thereto after a full disclosure has been made in writing that a division of fees will be made and the terms of such division; and
(2) The total fee charged by all lawyers is not increased solely by reason of the provision for division of fees and is not unconscionable as that term is defined in rule 4-200.
(B) Except as permitted in paragraph (A) of this rule or rule 2-300, a member shall not compensate, give, or promise anything of value to any lawyer for the purpose of recommending or securing employment of the member or the member’s law firm by a client, or as a reward for having made a recommendation resulting in employment of the member or the member’s law firm by a client. A member’s offering of or giving a gift or gratuity to any lawyer who has made a recommendation resulting in the employment of the member or the member’s law firm shall not of itself violate this rule, provided that the gift or gratuity was not offered in consideration of any promise, agreement, or understanding that such a gift or gratuity would be forthcoming or that referrals would be made or encouraged in the future.