Lawyers frequently refer cases to other attorneys due to a lack of experience in a particular legal field or when the case arises in a jurisdiction in which they are not qualified to practice. Despite the fact that receiving referrals is a crucial part of growing a law practice, there are times when lawyers use referrals to protect themselves. This is a factor that lawyers should consider when deciding on which cases to take on, as illustrated by Jordan Rothman, a partner of The Rothman Law Firm.
Rothman mentions that shortly after starting his own law firm, he accepted a wide range of cases to build his practice. During this period, he received a referral from a lawyer for a case that fell within his jurisdiction and area of expertise. However, it came to light that this lawyer had already performed significant work on the case despite not being licensed to practice in that jurisdiction. Alarmingly, the lawyer had charged extensively for the work, something that did not sit well with the client.
Rothman found that he was being involved in the case not only because of his competency in the area but potentially as an insurance in case of any irregularities arising from the out-of-state lawyer’s handling of the situation. This placed Rothman in a challenging position, leading him to reanalyze the case from scratch, a decision motivated by an urge to maintain a robust professional ethic and avoid relying on the findings of the previous lawyer.
Upon reviewing the case, Rothman discovered that he disagreed with some of the conclusions the out-of-state attorney had arrived at, creating tension between all involved parties. He had to negotiate a lower fee due to the significant work already done by the previous lawyer, an occurrence that marred his relationship with the referring attorney.
Rothman’s experience is a reminder that not all referrals are equal. His real-world example underscores that legal professionals should be mindful not just about their clients but also the context of referrals, particularly when it appears they might be used to shield other lawyers from potential mistakes or oversights. Educating themselves on the full extent of a case, including any pre-existing legal work, before accepting a referral, can save lawyers from unforeseen complications and financial implications later on. Read the full account on Above the Law.