After years of working with attorneys across the country on complex personal injury cases, we have learned that the best referral relationships start with a straightforward conversation. Here are the five things we wish our colleagues would tell us when referring cases.
Referring Cases Doesn’t Mean Giving Up
Sometimes the hardest case to refer is the one that is bigger than your practice. You know the client and earned their trust, and likely handled their case from the beginning. But then the facts start coming into focus and things shift. The case involves catastrophic injuries, multiple defendants, complicated insurance issues, or a trial that will require resources beyond what your practice typically handles.
Once you realize your firm isn’t equipped to handle a case, you must make an important decision whether to hand off the case completely, step back but continue handling some aspect of the case, or bring in co-counsel. Referring cases does not mean giving up on your clients. Done well, it actually means building the right team around them. This process begins with a conversation.
So, before you send over the file, here are five things we wish every referring lawyer would tell us.
1. Tell Me the Story Before You Send Me the File
Give me the 60-second version first. Not the legal brief and not the 300-page medical record. Just tell me the basics of what happened. Who was injured? When did it happen? Who appears to be responsible? What makes this case potentially significant?
These details give the receiving lawyer a framework for everything that follows. Complex cases can involve hundreds or thousands of documents. Without the story, it’s easy to lose the forest for the trees. A useful conversation when referring cases might sound like:
“My client was working at a chemical facility when an explosion occurred. He suffered severe burns and a traumatic brain injury. We believe there are multiple parties involved, and we are concerned about evidence being lost. I have the initial medical records and incident report, but we haven’t yet identified all parties involved.”
These details are enough to start a meaningful conversation. Start with the human story. The documents can come next.
2. Tell Me What You Don’t Know
While it may seem counterintuitive, what you don’t know could be the most valuable information you provide. Every complicated case has unanswered questions, and that’s normal and expected. Maybe you don’t know who owned the equipment. Maybe the insurance information is incomplete. Maybe the medical prognosis is still developing. Give us this information upfront.
A referring lawyer does not need to have all the answers before reaching out. In fact, knowing what you don’t know can help the receiving lawyer determine what needs to happen next. Try making a short list:
- What we know
- What we think we know
- What we don’t know
- What we need to find out
That last category can become a roadmap for the entire case. This is especially important in catastrophic injury cases, where facts may develop over time and critical evidence may be controlled by third parties. Uncertainty is not a weakness in a referral, but hiding uncertainty can be.
3. Tell Me What Scares You About the Case
Every case has a weakness, and the best referral partners don’t pretend otherwise. These weaknesses can appear in various ways. Maybe the client gave an inconsistent statement. Maybe there is unfavorable social media content. Maybe liability is complicated. Maybe there is a significant preexisting medical condition.
Knowing about a weakness or problem early gives everyone an opportunity to address it before the defense does. One of the most useful questions a referring lawyer can answer is: “If you were defending this case, what would you attack first?”
That question forces everyone to think beyond the plaintiff’s version of events.
This approach also builds trust. When a lawyer says, “Here’s the part of this case that concerns me the most,” the conversation is much more productive. The goal isn’t to talk yourself out of a case, but to identify the problem while you can still do something about it.
4. Tell Me What You’ve Already Done and What You’ve Told the Client
This sounds straightforward, but you might be surprised at how little information sometimes changes hands upfront. Before the case changes firms, explain what has already happened. This can prevent significant confusion later.
Have demand letters been sent? Has a suit been filed? Have depositions occurred? Has anyone inspected the accident scene? Have preservation letters gone out?
And just as important (if not more so): What has the client been told?
Obviously, it is important to address whether the client has abeen told that another firm will become involved. It is also important for the receiving attorney to know what expectations the client may have about communication, fees, litigation strategy, and settlement authority.
There is no universal answer to how every referral relationship should work. Different lawyers and firms structure these relationships differently. The important thing is that everyone understands the arrangement. In addition to your ethical duty to keep clients informed, the client should never feel like their case disappeared into a black hole simply because two lawyers are figuring out who is doing what.
5. Tell Me What You Want the Relationship to Look Like
This may be the most important conversation attorneys have when referring a case. Important questions to address include:
- Are you making a referral and stepping away?
- Do you want to remain involved?
- Are you looking for co-counsel?
- Do you need a firm with particular trial resources or experience?
- Are there aspects of the case you want to continue handling?
There is no wrong answer. The problem occurs when nobody asks these questions. A referral relationship works best when the lawyers have an early conversation about roles, communication, decision-making, and expectations. That doesn’t mean everything has to be rigid. The important thing is to communicate.
The Best Referrals Start With a Conversation
A referral isn’t a file that arrives in another lawyer’s inbox. It’s the beginning of a relationship between attorneys, law firms and clients.
The lawyers who make the best referrals are the ones who communicate clearly about what happened, what they know, what they don’t know, what concerns them, and what they want to accomplish for the client. And that works both ways.
The receiving lawyer has a responsibility, too. Ask questions. Listen carefully. Respect the referring lawyer’s relationship with the client. Communicate when something changes. Don’t make assumptions. Most importantly, remember that there is a person at the center of every case.
For that client, the referral isn’t an administrative transaction. It may be the moment they are trusting another lawyer to help with one of the most difficult experiences of their life. Treat the relationship accordingly.
More Tips on Referring Cases and Receiving Referrals
5 Tips to Keep Referrals Flowing by Robert Theofanis
When Is It OK to Pay a Referral Fee? By Roy Ginsburg
Rewarding Your Referral Sources by Sally Schmidt
Conflicts Checks: 5 Tips to Tune Up Your Process by David and Karen Skinner
Photo by Radission US on Unsplash
