How the Arrangement Works
Pelesko Legal LLC is designed to handle the personal-injury litigation as lead counsel while keeping participating counsel informed, involved, and able to maintain the relationship that brought the matter to the firm in the first place.
- Start lawyer-to-lawyer.
Contact Pelesko Legal with only basic information about yourself and the general type of case. Do not initially send the prospective client’s name, adverse parties, documents, medical records, or confidential facts.
- Conflicts and fit are checked first.
After the initial inquiry, Pelesko Legal will arrange a direct discussion to determine whether the matter appears appropriate and what information is needed for a conflicts review and case evaluation.
- The arrangement is documented with the client.
Under Pelesko Legal’s standard RPC 1.5(e) structure, the client is notified of the fee division, consents to the participation of both lawyers, and signs a written agreement under which the lawyers assume joint responsibility for the representation. The total fee must remain reasonable.
- Pelesko Legal serves as lead counsel.
Pelesko Legal handles the day-to-day prosecution of the personal-injury matter, including pleadings, discovery, medical proofs, depositions, experts, motion practice, negotiations, arbitration, mediation, and other litigation activity as required.
- You remain informed—not left on the sidelines.
Participating counsel receives ongoing notice of significant developments and is kept current regarding material litigation activity, settlement discussions, and important strategic decisions.
- You can continue to be a knowledgeable resource to the client.
If the client is a friend, family member, existing client, former client, or professional contact and later calls you about the case, you should be able to discuss its status intelligently rather than simply saying that you sent the case elsewhere.
- The attorney fee is divided as agreed.
In appropriate matters, Pelesko Legal generally offers participating counsel one-third of the attorney fee earned by Pelesko Legal, subject to the written arrangement, applicable New Jersey rules, and the circumstances of the matter.
The Rules Behind the Arrangement
RPC 1.5(e) — Division of Fees
RPC 1.5(e) addresses division of fees between lawyers who are not in the same firm. Among its requirements, the division must be proportional to the services performed or the lawyers must assume joint responsibility by written agreement with the client; the client must be notified of the fee division; the client must consent to the participation of all lawyers; and the total fee must be reasonable.
Read the NJ Rules of Professional ConductRule 1:39-6(d) — Certified-Attorney Referrals
Rule 1:39-6(d) addresses a different situation: a certified attorney may pay a referral fee without regard to services performed or responsibility assumed by the referring lawyer. The New Jersey Supreme Court emphasized this distinction in In re Opinion No. 745 (2025).
Read the 2025 NJ Supreme Court opinionWhy Ongoing Involvement Can Be Better Than a Simple Hand-Off
The practical benefit goes beyond fee participation. You retain visibility into how a matter involving someone who trusted you is being handled. You know the important developments. You can speak intelligently with the client. You preserve the professional relationship while Pelesko Legal handles the work-intensive personal-injury litigation.
Discuss a Potential Matter
The first inquiry is intentionally limited so that confidential client information is not transmitted before conflicts are addressed.
This overview is informational and is not a substitute for case-specific analysis of the Rules of Professional Conduct, Court Rules, retainer documents, insurance requirements, or other obligations applicable to a particular representation.