Is there a commonly accepted practice for discussing referrals of potential class actions with other firms? I have a potential client, and believe to have identified unique legal theories that would enable the client to file suit. I worry that a firm may use my theories, run a marketing campaign to find a different client, and avoid having to pay a referral fee, which I would be requesting within the parameters of my state bar’s ethics rules. Thoughts?

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LOL - Litigation is for the most part public record, unless you think you can possibly corner every potential client and referral source it’s pointless. If the legal theory is actually that novel or financially lucrative it will be widely reported and every single firm in your practice area, across al relevant jurisdictions will be pursuing those claims.

No litigation has been filed to date on this issue against this defendant. Not sure how litigation being public record would help in that scenario. I figure just having them sign a referral fee agreement before the meeting would be best course of action. Looking for advice, not criticism.

So, the law isn’t intellectual property. That’s why you generally cannot plagiarize sentences in litigation documents or standardized contracts. Telling a lawyer you trust, “that’s great language you have in here and I’m so going to lift it” is a massive compliment. This is how this cookie crumbles. You show others the way if you really do stumble on something new.

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