I’ve beforehand written about how attorneys needs to be respectful to adversaries since they will make good references and supply different benefits to working towards attorneys. Along with these advantages, having a very good working relationship with adversaries could make it simpler to attain optimistic outcomes for purchasers. In some cases, adversaries can even make strong referral sources for attorneys, however attorneys ought to hold a number of issues in thoughts to make sure that accepting referrals doesn’t affect an ongoing illustration.
Earlier in my profession, I dealt with a really heated matter with an adversary that needlessly escalated the matter at each flip. This adversary made threats, exaggerated claims, and employed different techniques that weren’t nice to me and the opposite stakeholders to the matter we dealt with. I didn’t have the very best relationship with this adversary. Though I attempt to keep strong connections with adversaries since it’s the proper factor to do and might make my job simpler, the escalations undertaken by this adversary took a toll on our working relationship.
To my shock, towards the tip of my illustration, the adversary reached out to me and inquired if I knew a lawyer in a distinct jurisdiction that might deal with a given matter. I associated that I used to be conversant in these kind of circumstances, and I used to be licensed within the given jurisdiction, and after the moment matter totally concluded, I might check out the case for which this different lawyer wanted to refer.
As soon as the prior illustration ended, I researched this new matter, and I dealt with that matter for a number of years. With the shopper’s permission, I reported updates again to the lawyer who referred the matter to me, and this contact undoubtedly improved our relationship. To at the present time, years later, I obtain vacation emails and the like from this adversary, and I’d undoubtedly think about him if I had a matter in his space of experience.
To a sure extent, it is smart that adversaries can be strong referral sources. Adversaries know the talents and temperament of attorneys a lot better than different stakeholders to the authorized occupation, since they will consider the talents of a lawyer because it pertains to an precise illustration. Additionally, although attorneys normally know tons of different attorneys, attorneys may not hold in common contact with different practitioners, so adversaries is likely to be available attorneys who is likely to be accessible for a referral.
In fact, there might be moral points with accepting referrals from an adversary. Maybe most significantly, a lawyer can not enable a referral to intrude with their work on an current illustration. Attorneys would possibly moderately imagine that they can’t advance a shopper’s pursuits in opposition to an adversary who’s doing them a favor by offering a referral. Consequently, it’s best to attend till a illustration ends earlier than accepting a referral from an adversary. In a best-case state of affairs, such a referral from an adversary would come months or years after the illustration that concerned the adversary concluded.
In any case, attorneys needs to be cognizant that attorneys have lengthy reminiscences, and adversaries would possibly keep in mind them if they should refer a matter to a distinct lawyer. That is but another excuse why attorneys ought to follow in a civil method and will try to take care of connections to different stakeholders authorized issues.
Jordan Rothman is a companion of The Rothman Law Firm, a full-service New York and New Jersey regulation agency. He’s additionally the founding father of Student Debt Diaries, a web site discussing how he paid off his pupil loans. You’ll be able to attain Jordan by e mail at jordan@rothman.law.