I got an email from a lawyer who had a bad experience with a referral to another lawyer who mishandled the case (and the client). She’s feeling gun shy now about giving referrals and wants to know what she might do to vet lawyers before sending them any business.
First, let me point out that most lawyers do a decent job most of the time so there is no need to panic or stop referring because one lawyer messed up. It happens, we deal with it, and we move on.
In choosing lawyers to whom you will refer, do what you might do if you were going to hire them yourself. Start with obvious due diligence measures: check with the bar for discipline and complaints, search online to dig up any dirt, review their web site(s) and examine their experience and other qualifications.
Make sure they have sufficient staff to handle the job and carry E and O insurance.
You might give them extra points for expert certification, serving as an arbitrator or judge pro tem, teaching CLE, bar association committees, awards, and so on.
In addition, you may want to
- Talk to other lawyers who know them, including opposing counsel and judges who have seen them in action
- Read articles they have written and articles that were written about them. Get a sense of their world view, processes, communication skills, and personality.
- Run a credit check and/or a background check if there’s a lot at stake or your Spidey-sense is telling you there’s something wrong
If you’re still not sure, have a chat with them. Tell them you want to make sure they’re the right lawyer for the job. Anyone who is qualified should respect that.
You might ask them to fill out a questionnaire, something like the ones E and O carriers use, where they are asked to disclose their calendaring and conflict checking systems and other safeguards and to disclose any malpractice lawsuits against them. Check with your carrier because some require this information as a prerequisite to defending a claim against you for a negligent referral.
While you’re at it, consider whether your client will be comfortable with the lawyer’s personality and style. Not every competent lawyer is a good match for every client.
Start by referring small matters, so you can see how they handle them and how they treat the client. Stay involved with the case, not to micro-manage it but as a second pair of eyes on behalf of the client. They are still your client, after all. Check in with them regularly, to see how things are progressing and to look for signs of trouble. Make sure they know to contact you if they have any questions or concerns.
Bottom line: do your homework but don’t let a bad experience with one lawyer unduly color your judgment in choosing others.
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