Referral and fee sharing arrangement due diligence record—personal injury
Referral and fee sharing arrangement due diligence record—personal injury

The following Practice Compliance precedent provides comprehensive and up to date legal information covering:

  • Referral and fee sharing arrangement due diligence record—personal injury

A: Background information

Name of introducer/fee sharer
Financial or other terms of the arrangement
Name of person responsible for relationship with this introducer/fee sharer
Name of person conducting this due diligence exercise
Date of due diligence exercise

B: Personal injury compliance

Will you receive referrals for the purpose of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) or the SRA Glossary?
If ‘yes’ continue with the rest of Section B
If ‘no’ move to Section C
Does the referral arrangement require you to make any payments (including sharing your fees) for the purpose of LASPO 2012, s 56(8)?
If yes, are those payments:
(a) for the referrals/the referral arrangement itself, or
(b) as consideration for the provision of services or for another reason and not as a referral fee?
If (a) this is a prohibited referral fee and you cannot proceed on this basis
If (b) continue with the rest of Section B
Do any of the following apply?:
—payment for services appears to be excessive
—receipt of referrals is conditional on payment
—payments are made per referral or otherwise linked to the number of referrals
—there is no evidence that a genuine service is being provided
If ‘yes’ this is indicative of a prohibited referral fee and you should not proceed on this basis
If ‘no’ continue with the rest of Sect

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