Client Referral Etiquette
Small-firm lawyers and sole practitioners often rely heavily on referrals. But there are rules of etiquette — and ethical codes — surrounding the referral system that can trip up the unwary. Donald C. Murray, a criminal law sole practitioner in Dartmouth, Nova Scotia, is well versed in giving and receiving client referrals. The first thing he does when asked for a referral is to carefully consider a client’s personality, financial situation, and the nature of his or her problem. He then offers a list of three lawyers whose abilities most closely match the person’s needs.
When people come to him looking for a new lawyer to take over an existing file, Murray reminds them of the huge cost of bringing a new lawyer up to speed. As he puts it, “I’m not in the business of encouraging people to change lawyers.”
After making a referral, Murray follows up over the next few months to find out whether the client is satisfied and whether he or she has developed a good relationship with the new lawyer. That allows him to monitor on an ongoing basis whether he’s referring work to the right people.
To receive referrals, simply being collegial with other lawyers and letting them know you’re available for work should do the trick. There has to be some reciprocity — if lawyers aren’t getting any clients from you, then they’re less likely to send somebody to you, and vice versa.
When it comes to ethical issues surrounding referrals, fee-splitting is an obvious breach. “Lawyers should have to earn their clients by doing good work, rather than paying off people,” he notes.
Remember to thank the lawyer who referred the work to you and, with the client’s permission, let the lawyer know how the matter was resolved. Murray suggests putting it in writing. “It’s a little more tangible and it takes less time,” he says. “It’s an easy 30-second letter to add when you’re doing your final reporting letter to a client.”
And around the holidays, it’s a nice touch to send a fruit basket or other gift to firms that have referred work to you. It’s just another way of saying thanks, says Murray. “It’s being polite and appreciative because it’s those referrals, particularly among smaller firms and sole practitioners, that keep us in business.”
Adapted from National magazine, December 2004.
