The Practice: Who’s the Idiot That Invented Three Name Referrals?

Brian Tannebaum want to know when lawyers will stop using opportunities to give referrals as a panicked strategy of covering their asses. You know what he's talking about -- the “three names” idiocy? He knows, you were taught this. You never give one name. Why? Because what if it doesn’t work out? Then you’re going to have some sort of imagined problem that someone told you could be very, very bad....

Yeah, I’m back.

And I want to know when lawyers will stop using opportunities to give referrals as a panicked strategy of covering their asses.

You know what I’m talking about — the “three names” idiocy?

Whether you’re on a list-serv and the 27th “I’m looking for an excellent, aggressive, and inexpensive lawyer” request of the day has donned your computer screen, or someone actually thinks you are worthy of a phone call or email requesting a lawyer to save their life or fortune, let’s just agree to stop being wimps and meaninglessly passing along names, and start giving real referrals.

I know, you were taught this. You never give one name. Why? Because what if it doesn’t work out? Then you’re going to have some sort of imagined problem that someone told you could be very, very bad.

And yes, I know, people like choices. You feel like you’re doing them a service by giving them lawyers from which to choose. But you’re not. You’re just uselessly giving out names.

One of the deep, deep dark secrets (shh) of being successful in small-firm world is your ability to be more than just a paper-pushing, time-keeping drone. The ability to be a “connector” is just as — or more — important than your ability to practice your trade. If you are in a niche practice, there are more people who won’t need your services than will, but that doesn’t mean they shouldn’t have a reason to call you — like the reason that you are the one person who always gives them the best referrals.

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Have you received those emails? “I know you don’t do this work, but you always seem to put me in touch with the best people, so I’m now looking for _______.”

No?

Let me, as usual, help you….

Don’t know anyone, don’t refer anyone.

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I know, sounds basic. But I also know what you do — you go to Google and find a sweet website and tell your friend that “this guy looks competent.” You don’t know anyone — admit it. Keep your credibility. Sure, if you are being asked for a probate lawyer in Houston and you happen to know a great corporate lawyer there — give that name as the person who would be able to make the referral. Try to make some connection if you can, but only if you have a personal connection.

Ask questions.

It always amazes me that while lawyers are trained to ask questions, when it comes to referring other lawyers, they never do.

When someone calls and says they need “the best pit bull meanest bestest divorce lawyer in town,” I recommend you ask a question like, “how long have you been married?” If the answer is 18 months, and the couple rents an apartment and has a dog, why not do them a favor and tell them they don’t need the bestest lawyer in town? We know those lawyers: they deal with multi-million dollar divorce cases where the couple is too stupid to realize that after $500,000 in attorney’s fees, they each basically got what they talked about splitting in the beginning, minus the $500,000.

The key is not to just “make a referral,” but to put the client with the right lawyer.

The lawyer you tried a case with 20 years ago isn’t always the best referral.

I see this in criminal referrals all the time. Someone asks for a referral for a college student charged with marijuana possession. A 60-year-old lawyer responds with the name of the guy he tried a federal drug trafficking case with in the 80s. Everyone else on the list knows that the lawyer is retired, or is now handling one federal, multi-defendant, white collar case a year.

Lawyers within disciplines specialize. Before making the referral, do something really old school — call the lawyer you are thinking of referring the case to, and see if she’s the one for the case. Maybe you’ll find out she’s dead. (That’s actually happened).

Stop with the “three names.”

I see this way too much. Lawyers saying they’ve “passed along all the names to the prospective client.” Gee, thanks. Did you tell the client your recommendation at least? The client wants to know who to call; why are you so afraid to tell them? Even if the client insist on three names, I tell them, “I don’t give three names, this is the person I think is right for you. You want three names, call two other lawyers for referrals.”

One more thing.

Don’t ask for referral fees. Make money on your own cases, not another lawyer’s. You don’t deserve a percentage of another lawyer’s fee just for making a phone call, you cheap bastard. Most states actually require “participation” beyond the phone call. But we won’t get into that here.


Brian Tannebaum will never “get on board” at the advice of failed lawyers who were never a part of the past but claim to know “the future of law.” He represents clients, every day, in criminal and lawyer discipline cases without the assistance of an Apple device, and usually gets to work (in an office, not a coffee shop) by 9 a.m. No client has ever asked if he’s on Twitter. He can be reached at bt@tannebaumweiss.com.