Comments on: Always Pay Your Referral Fees. Always.

By: Susan Cartier Liebel

Susan Cartier Liebel — Fri, 11 Oct 2013 14:55:02 +0000

Thu, When it comes to referring, any responsible ethical lawyer understands it should not only be in writing but also communicated to the client for their approval. (Clients are not usually concerned how their lawyer splits money which will never be theirs but it is still required.) That being said, you should bring it up and discuss it with the lawyer prior to the referral. You do so by saying, ‘what is your policy on referral fees?’ This sets the tone for your expectation but allows them to outline for you how they handle it. They may tell you they don’t give them but give a different kind of value. But that should be a red flag to you. You want to make sure you are working with a colleague who respects the value you are bringing to them. In a jurisdiction where you can receive referral fees, this can be a great source of income while you develop your practice. It will also help you learn the process for when a colleague refers a case to you!

By: Thu

Thu — Fri, 11 Oct 2013 13:57:53 +0000

Great article. In MA referral is allowed if in writing and the client is told about it. My question though, being a new attorney, is that do I have to say it out that I want the referral fee or should it be known that if an attorney “refers” a case to you that you will give the attorney the referral fee. And IF that attorney does not mention it how do I bring it up?

By: Bryan Manno

Bryan Manno — Wed, 17 Jul 2013 19:41:49 +0000

In the state of Florida, I believe the lawyer who was disbarred or had a license suspended or expired is still allowed to receive the fee so long as when the agreement was entered into, they were of good standing. That being said, they attorney receiving the referral fee may not be entitled to the full 25% or whatever percent was agreed, due to their status falling into inactivity. Florida Bar Ethics Opinion 90-3

By: Justin Ziegler

Justin Ziegler — Fri, 28 Jun 2013 00:55:19 +0000

Thanks so much! I am going to be updating them in the future.

By: Susan Cartier Liebel

Susan Cartier Liebel — Tue, 25 Jun 2013 14:40:08 +0000

These are actually quite helpful. Thanks for sharing.

By: Justin

Justin — Tue, 25 Jun 2013 14:22:26 +0000

I wrote 2 articles on the ethics of a Florida attorney receiving and giving referral fees to out of state lawyers.

http://www.justinziegler.net/can-florida-lawyers-pay-a-referral-fee-to-an-out-of-state-attorney/ and

http://www.justinziegler.net/florida-attorneys-can-get-fee-for-referring-a-case-out-of-state/

By: Susan Cartier Liebel

Susan Cartier Liebel — Fri, 01 Mar 2013 01:37:24 +0000

If your industry has no professional restrictions, you can thank anyone any way you wish as long as it’s not violating any stated rules governing what you do AND the recipient is allowed to accept under the rules governing their profession.

By: Nathan Anderson

Nathan Anderson — Fri, 01 Mar 2013 01:34:17 +0000

Hello, Great article. I am in the IT consulting business.
Is it OK to pay a referral fee for people (say people that work at companies) that refer business to me?

By: Chuck Newton

Chuck Newton — Fri, 20 Apr 2012 04:28:02 +0000

That sounds like an MPRE question.

I think the answer would be to get your license reinstated. That is likely retroactive as long as there was not a large gap.

By: Susan Cartier Liebel

Susan Cartier Liebel — Thu, 19 Apr 2012 09:38:02 +0000

Molly,

This is a great question for your jurisdiction’s grievance commission!