Written by attorneys · grounded in primary & secondary sources — see below
An act of sending or directing a client or matter to another lawyer or professional for service or decision.
Sources & Authorities
How it applies
Common Examples
6
Nonexclusive Reciprocal Referrals
Rachel Ramirez and Rosalind Reed maintain a referral arrangement under which each sends clients to the other when a matter falls outside her expertise. Rachel also refers clients to a third firm on occasion. The arrangement satisfies the requirement that the reciprocal agreement not be exclusive.
Therapist Referral Obligation
Regina Robinson, a campus therapist, learns that a patient poses a serious threat to an identifiable third party. She refers the patient to a crisis-intervention lawyer for legal counseling while also warning the potential victim. The referral fulfills part of the duty to connect the patient with appropriate professional services.
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Uniform Acts
Model Codes
Dictionaries
Tarasoff v. Regents of the University of California551 P.2d 334, 342 (Cal. 1976)
Bar-Sponsored Referral Service
Rowan Russell joins a state bar lawyer referral service that screens clients and directs them to participating attorneys. The service charges usual fees and maintains a rotating list. Rowan receives cases through the service without violating rules on compensated referrals.
O’Steen v. State Bar of Arizona433 U.S. 350, 97 S.Ct. 2691, 53 L.Ed.2d 810 (1977)
Campaign Finance Referral
Roger Ramirez files a complaint alleging improper contributions. The agency refers the complainant to a specialized election-law firm for further representation. The referral triggers separate enforcement proceedings handled by outside counsel.
Buckley v. Valeo424 U.S. 1, 93 (1976)
Public Health Referral Service
Ronald Reed operates a nonprofit clinic that provides rapid abortion referral through local health departments. The service supplies names of qualified legal-aid attorneys and counseling resources without delay. The arrangement meets standards for accessible referral networks.
Roe v. Wade410 U.S. 113 (1973)
Independent Counsel Referral
Riverfront Developments requests that the Attorney General refer an additional matter to the independent counsel already investigating related corporate conduct. The Attorney General grants the referral because the new matter falls within the counsel's jurisdiction. The referral allows the independent counsel to provide coordinated legal services.
Alexia Morrison, Independent Counsel v. Theodore B. Olson487 U.S. 654 (1988)
Common questions
Frequently Asked
3
When may lawyers in different firms divide a fee after a referral?+
Lawyers in different firms may divide a fee only if the division is in proportion to services performed or each assumes joint responsibility, the client agrees in writing, and the total fee is reasonable. A bare referral fee without these conditions is improper.
Supporting sources
Does a referring lawyer need to perform work after the referral to receive a fee share?+
No, a referring lawyer need not perform further work if the lawyer assumes joint responsibility for the representation and the client consents in writing. Joint responsibility means sharing accountability for the matter as a whole.
Supporting sources
What must be disclosed to the client before a fee division in a referred matter?+
The client must receive written disclosure of the fee division, including the share each lawyer will receive, and must consent in writing. Telling the client only that an outside lawyer will assist is insufficient.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…Executive Board of the APHA adopted Standards for Abortion Services. These were five in number: "a. Rapid and simple abortion referral must be readily available through state and local public health departments, medical societies, or other nonprofit organizations. "b. An important function of counselling should be to…