Referring with Style

As lawyers increasingly focus their practices, a given attorney often isn't the best choice to handle a given case. Yet clients typically don't know where to turn, which means lawyers and their firms end up deciding which cases to accept and which to refer, and - when they send cases out - how to handle that referral.

Once done on the down-low, referrals have become a more above-board part of legal practice, says Warren Lupel, former special counsel in the litigation and dispute resolution practice at Much Shelist in Chicago. "There's nothing wrong with it, and it's even desirable in most instances," says Lupel, who appeared with Daniel Breen of Chicago's Breen Goril Law during a CLE presentation at the ISBA's Solo and Small Firm Practice Institute in October. "If you are not that specialist, and you know a specialist, the client is going to get a better deal if you refer."

Whether and when to refer is a case-by-case judgment based on one's confidence level in handling a particular matter, Lupel says. "You don't have to be the best lawyer in the country or the county to keep the file," he says. "But if you're a real estate lawyer, and you get a medical malpractice case, that decision should be easy."

Other judgments are trickier, he says. "You may handle small personal injury cases, and this is a big one. Maybe you don't refer it."

Breen Goril Law, a personal injury firm, has built a network of partners from whom it receives referrals and to whom it sends cases as doing so makes sense, Breen says. "We hope our clients and referral sources consider us as a resource," he says. "We're pretty transparent - if it's something we can't handle, everybody is made aware of it. It's very much a case-by-case situation."

Learn more about referral ethics and best practices in the January Illinois Bar Journal.