I always recommend that co-counsel in a contingency case put in writing their understanding to split fees. In most cases, that should take care of, or at least severely limit, any disputes surrounding the fee split.
But it doesn’t always eliminate a protracted and contentious fight, as evidenced in fee dispute case in Ohio. There, two written fee-sharing agreements were in play.
Because the firm seeking additional fees lost on summary judgment, the fighting firms avoided a trial.But the firms did not avoid the airing of some of their dirty laundry, demonstrating a compelling reason to include a confidential dispute resolution provision in any fee-splitting agreement.