Under what circumstances may an attorney ethically pay or receive a referral fee under the Code of Professional Responsibility? Moreover, is the penalty for non-compliance a disciplinary proceeding, an action for legal malpractice, forfeiture of the fee, or some combination of the above?

The Lawyers’ Code of Professional Responsibility prohibits sharing fees with non-lawyers, and circumscribes the division of fees with an attorney who is not a partner or associate in the same firm.