Y L D
P R E S I D E N T ’ S
M E S S A G E
Ja s o n Wh i t t e mo re – Wa g n e r Mc La u g h l i n
To Refer or Not to Refer? –
That is the Question
Referring a case is likely to produce more business for your firm,
as you build relationships with attorneys outside of your area
of practice.
Y
ou receive a call from a prospective client.
Your opinion is that they likely have a
case, but it is an area of law outside of
your expertise. What do you do? Do you
handle the case knowing you may not
be the best option for the client? Or do you refer the case
to an attorney who you know to be an expert in that area
of practice?
The dilemma above is
one young lawyers routinely
face early in their careers.
The pressure of developing
business and generating
income can be suffocating.
It can lead to an attorney
handling a case that they
would normally refer to
more qualified counsel.
Handling a case outside
of your expertise not only
risks your client’s interests,
but it risks your reputation
and practice. Referring a
case not only avoids those
risks but is likely to produce
more business for your firm, as you build relationships
with attorneys outside of your area of practice.
So how do you navigate the world of referrals? Below
are several questions I believe every young lawyer should
consider when referring a case to another attorney.
What involvement is expected of you in the case?
In most cases, once you refer the client to another
attorney, your work is done. But, you want to confirm that
fact. You may have referred a personal friend or family
member who expects you to stay involved. You need to
have a clear understanding of your role beyond the
referral, and that information needs to be communicated
and approved by the client.
Does the attorney you are referring the case to
have practice areas that are distinct from your
own practice areas?
Ideally, you will build a relationship with the attorney
you refer cases to and receive referrals in return from
that attorney. If you are choosing between several
attorneys for a referral, it is in your interest to refer a case
to a qualified attorney
whose practice areas are
distinct from your own.
Referrals are a primary
source of business and
those referral relationships
can last entire careers.
Does the attorney
you are referring the
case to have pro -
fessional malpractice
insurance?
Many young lawyers
do not appreciate that, as
a referral attorney, you
can be found responsible
for the negligence of the
attorney to whom you
refer a case — even if you never touched the case after
referring it to another attorney. Ensuring the attorney you
refer a case to has insurance is not only an added layer
of protection for you and your firm, but also a layer of
protection for the client. Of course, you still need your
own insurance as a referral attorney, so be sure you are
comfortable with your coverage as you build on your
referral network.
Does the lawyer pay a referral fee?
This may seem like an awkward subject to address
when referring a case to another attorney, but this is
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