Don’t Refer Bad Cases or Clients

see-Don’t Refer Bad Cases or Clients


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Non-referral 1: a bad case or a case with major issues

This usually happens in one of two ways. One, a case within your expertise that you don’t want to take because of ________. Or two, a case that is not in your practice area, but you still know enough to realize it’s a not a great case. Under either scenario, those are probably not the type of cases you should be referring to people you know.

There have been a few times in the last year where other attorneys have tried to refer me a case that is clearly not a good case. Heck, they usually pitch it as “rock-solid” or “can’t miss” case. Attorneys don’t refer rock-solid or can’t miss cases to other attorneys unless there is a very legitimate reason. If it’s a close colleague of mine, I believe them. If they say there’s a conflict, I believe them. If they tell me “I’ve got too much going on” or “I just can’t deal with this particular case right now” that’s a bigred flag. It’s probably just a bad case.

If you are a solo attorney, you know what I’m talking about. The only way I’m referring a great case to someone else is because of a conflict. That’s it. If I’m already swamped, I will put in more hours and take the case.

Non-referral 2: the problem client

If you don’t know how to spot a problem client, here is a good place to start.

Here are my two (non) favorite referrals from other attorneys. One, a client looking for a free attorney to handle a case that I don’t handle (and the other attorney knows this). For example, I’ve had attorneys call me and say “I know you practice consumer law, but I’ve got a business client I’m trying to help with a lease, and I don’t handle that. They can’t afford to pay anything, but I figured I’d give you a call.”

In other words: the other attorney doesn’t do free work for their own client, but they expect me to (for a practice matter I don’t handle). Frankly, the more I write about this, the more I wonder about this other attorney.

My other (non) favorite referral is the client with an actual case, but the attorney couldn’t work with them. Those calls usually go something like “Look, they’ve got a solid case, but the client is really high maintenance and has totally unrealistic expectations. I figured maybe you would be a better fit for them.”

In other words: the other attorney wants out of the case, but they don’t want to look bad and want to send the client somewhere else. This other attorney also has such little respect for me that they think I will take any/every case that walks in my door.

It’s a pretty simple rule: if the client is not an individual you want to represent, then simply decline representation. Sending them to someone else is a bad idea in the long run. I have a very good memory about attorneys who have referred me cases. I even have an excellent memory about attorneys who tried to dump their problem clients on me.

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