Tennessee § 23-3-104 - Unlawful division of fees — Penalties.
Full text of Tennessee Tennessee Code Annotated § 23-3-104 — Unlawful division of fees — Penalties., with citation guidance and answers to common questions.
§ 23-3-104. Unlawful division of fees — Penalties.
Except as provided in the Tennessee rules of professional conduct, it is unlawful for any licensed attorney in the state to divide any fees or compensation received in the practice of law or in doing law business with any person not a licensed attorney. A violation of this section is a Class C misdemeanor. Acts 1935, ch. 30, § 3; C. Supp. 1950, § 9983.3 (Williams, § 7116.3); T.C.A. (orig. ed.), § 29-304; Acts 1989, ch. 591, § 113; 2006, ch. 945, § 4. Cross-References. Penalty for Class C misdemeanor, § 40-35-111 . Law Reviews. Tennessee Bar Proceedings — Report of Unauthorized Practice of Law Committee, 24 Tenn. L. Rev. 91. Attorney General Opinions. An attorney or law firm is prohibited from splitting fees with a non-lawyer, but the full or part-time employment of a licensed real estate appraiser or registered taxpayer's agent by an attorney or law firm is not prohibited if that person is compensated on a basis other than fee splitting, OAG 02-029 (3/14/02). Cited: Berndt v. Tennessee, 796 F.2d 879, 1986 U.S. App. LEXIS 27389 (6th Cir. Tenn. 1986). Collateral References. Attorney's obligation to share fee award with party representing public interest. 43 A.L.R.5th 793. Attorneys splitting fees with other attorney or layman as ground for disciplinary proceeding. 6 A.L.R.3d 1446. Partners 26.
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 23-3-104
What does Tennessee Code Annotated § 23-3-104 cover?
Section 23-3-104 ("Unlawful division of fees — Penalties.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 23-3-104?
A common citation format is "Tennessee Code Annotated § 23-3-104" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 23-3-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.