Adversaries Can Make Great Referral Sources

I have previously written about how lawyers should be respectful to adversaries since they can make good references and provide other advantages to practicing attorneys. In addition to these benefits, having a good working relationship with adversaries can make it easier to achieve positive results for clients. In some instances, adversaries can also make solid referral sources for lawyers, but attorneys should keep a few things in mind to ensure that accepting referrals does not impact an ongoing representation.

Earlier in my career, I handled a very heated matter with an adversary that needlessly escalated the matter at every turn. This adversary made threats, exaggerated claims, and employed other tactics that were not pleasant to me and the other stakeholders to the matter we handled. I did not have the best relationship with this adversary. Although I try to maintain solid connections with adversaries since it is the right thing to do and can make my job easier, the escalations undertaken by this adversary took a toll on our working relationship.

To my surprise, toward the end of my representation, the adversary reached out to me and inquired if I knew a lawyer in a different jurisdiction that could handle a given matter. I related that I was familiar with these types of cases, and I was licensed in the given jurisdiction, and after the instant matter fully concluded, I could take a look at the case for which this other lawyer needed to refer. 

Once the prior representation ended, I researched this new matter, and I handled that matter for a few years. With the client’s permission, I reported updates back to the lawyer who referred the matter to me, and this contact definitely improved our relationship. To this day, years later, I receive holiday emails and the like from this adversary, and I would definitely consider him if I had a matter in his area of expertise.

To a certain extent, it makes sense that adversaries would be solid referral sources. Adversaries know the abilities and temperament of lawyers much better than other stakeholders to the legal profession, since they can evaluate the abilities of a lawyer as it relates to an actual representation. Also, even though lawyers usually know tons of other attorneys, lawyers might not keep in regular contact with other practitioners, so adversaries might be readily available attorneys who might be accessible for a referral.

Of course, there can be ethical issues with accepting referrals from an adversary.  Perhaps most importantly, a lawyer cannot allow a referral to interfere with their work on an existing representation. Lawyers might reasonably believe that they cannot advance a client’s interests against an adversary who is doing them a favor by providing a referral. As a result, it is best to wait until a representation ends before accepting a referral from an adversary. In a best-case scenario, such a referral from an adversary would come months or years after the representation that involved the adversary concluded.

In any case, lawyers should be cognizant that attorneys have long memories, and adversaries might remember them if they need to refer a matter to a different lawyer. This is yet another reason why lawyers should practice in a civil manner and should attempt to maintain connections to other stakeholders legal matters.

Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothman.law.