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Referral arrangement meaning

What does Referral arrangement mean?
A referral arrangement is any agreement or understanding under which a law firm or lawyer refers or recommends a client to a third party, or accepts client introductions from a third party, whether or not a fee, commission or other benefit is paid. The expression is descriptive rather than a single defined legal term, though specific regimes define and regulate “referral fees” (for example, the personal injury referral fee ban in England and Wales under the Legal Aid, Sentencing and Punishment of Offenders Act 2012). Key legal features typically include the scope of referrals, any financial or non‑financial benefit, exclusivity, information‑sharing, and supervision of the referrer/introducer. Core compliance issues are: acting in the client’s best interests and preserving independence; clear, prior disclosure of any financial interest and relationship; obtaining informed client consent; managing conflicts of interest; data protection and confidentiality when sharing personal data; and any sectoral regulation (e.g., SRA Standards and Regulations in England and Wales; Law Society of Scotland and Law Society of Northern Ireland practice rules; Law Society of Ireland/LSRA requirements; and, where relevant, FCA rules). Usage is broadly consistent across the UK and Ireland, but prohibited or restricted areas (notably aspects of personal injury marketing/referrals) vary. Firms should...
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View the related Practice Notes about Referral arrangement

PRACTICE NOTES
Systems and controls for compliant personal injury referral and fee-sharing arrangements under LASPO 2012 and the SRA Standards and Regulations (England and Wales)

This Practice Note This Practice Note sets out the systems and controls to consider when your firm receives personal injury (PI) referrals, so you can spot banned PI referral arrangements and ensure compliance with the statutory and regulatory framework for any PI referral arrangements you regard as permissible. It reflects the SRA Standards and Regulations and the underlying statutory scheme—the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012). For guidance on referrals made by your own firm, see subtopic: Introductions to third parties for complementary information. Not every PI referral arrangement to your practice that involves payment is unlawful in every circumstance. See Practice Note: Personal injury referral arrangements—SRA requirements—Statutory regime, which outlines the statutory scheme and how the SRA applies it. See also Practice Note: Personal injury referrals—SRA examples, flowchart and guidance. For guidance on the SRA’s general requirements concerning referral arrangements (including PI referral arrangements), see Practice Note: Referral and fee sharing arrangements...

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PRACTICE NOTES
SRA personal injury referral arrangements: LASPO 2012 ban on referral and commission fees, permitted models, transparency and controls (England and Wales)

This Practice Note sets out the SRA’s expectations for personal injury (PI) referral arrangements. It mirrors the SRA Standards and Regulations, aligns with SRA guidance, and the statutory scheme in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012). For SRA rules on referral and fee sharing (including PI), see Practice Note: Referral and fee sharing arrangements. If you think your PI referral arrangement includes an unlawful referral fee, you should: end the arrangement, or amend the arrangement to remove the unlawful fee and ensure compliance with relevant SRA requirements Statutory regime PI referral fees are prohibited in almost all situations. LASPO 2012 created the overarching legislative framework for the PI referral fee ban. Front-line regulators, such as the SRA and the Financial Conduct Authority (FCA), implement it. Certain powers are reserved to the Lord Chancellor to make secondary regulations. Who is within scope of LASPO 2012? LASPO 2012 applies to regulated persons. This includes those authorised...

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PRACTICE NOTES
SRA referral and fee sharing arrangements: compliance duties, personal injury and criminal prohibitions, transparency, introducer due diligence, and separate business and written agreement requirements (England and Wales)

This Practice Note sets out what law firms and solicitors must do under the SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs (the Code for Individuals) and the SRA Code of Conduct for Firms (the Code for Firms) regarding referrals and fee‑sharing arrangements. The SRA’s core regulatory obligations concerning referral and fee‑sharing arrangements are contained in the two Codes of Conduct, which should be read carefully and applied properly in the context of the SRA Principles (SRA Principles). It also reflects current SRA guidance, which is concerned almost entirely with personal injury referral fees. It addresses scenarios in which a third party sends clients to you and/or you make a formal fee‑sharing arrangement with a third party. A different Practice Note covers occasions when you put clients in touch with third parties—see the Practice Note: Introductions to third parties. SRA Principles The SRA Principles describe the high ethical benchmarks required of everyone professionally regulated by the SRA. They are compulsory and require you...

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View the related Precedents about Referral arrangement

PRECEDENTS
Referral and fee-sharing due diligence and approval record (non-personal injury) — SRA, England and Wales

1 Background information Introducer/fee sharer's name [ Insert name ] Financial and alternative terms of the arrangement [ Insert financial and/or other terms ] Person accountable for managing the relationship with this introducer/fee sharer [ Insert name ] Individual carrying out this due diligence review [ Insert name ] Date the due diligence review was completed [ Insert date ] 2 Compliance issues Is a written agreement necessary?...

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PRECEDENTS
Personal Injury Referral and Fee Sharing Due Diligence Record: LASPO 2012 and SRA Compliance (England and Wales)

1 Background information Introducer/fee sharer name [ Insert name ] Financial and other particulars of the arrangement [ Insert financial and/or other terms ] Person accountable for managing the relationship with this introducer/fee sharer [ Insert name ] Person undertaking this due diligence exercise [ Insert name ] Date of the due diligence exercise [ Insert date ] 2 Personal injury compliance Will you be sent referrals for the purposes of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) or under the SRA Glossary? Yes (proceed with the remainder of Section 2) No (move on to Section 3) Does the referral arrangement require you to make any payments (including sharing your fees) for the purposes of LASPO 2012, s 56? Yes No If yes, are those payments: (A) for the referrals/the referral arrangement itself, or (B) given...

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