Personal injury firms should refer out cases they can’t work to full value, but referring is one of four options, and often not the best one for cases with real merit. A firm can keep the case, refer it to another firm for a share of the fee, bring in co-counsel, or keep the case and outsource the pre-litigation work.
EvenUp’s PLAAS is a fourth option: the firm keeps the client and the case, and a dedicated team runs pre-litigation to the firm’s own playbook.
The right choice depends on what the firm is trying to protect: its trial capacity, its fee, its relationship with the client, or all three. High-volume firms that screen cases with a written rule make this decision faster and more consistently than firms that decide case by case on instinct.
Firms refer out cases to protect the attention their best cases need. A firm that wants to litigate and try cases can’t give every signed file that level of work, so it keeps the cases with the most value and sends the rest elsewhere.
Three situations drive most referrals:
Phillips Law Group in Phoenix shows the scale. The firm signs 300 to 500 personal injury cases a month and has referred out two-thirds or more of them, keeping only the cases its rating system says it should litigate, according to Managing Attorney Nasser Abujbarah.
“We pride ourselves on taking cases to trial,” he said. “In order to do that well, we have to be a little bit more selective on the cases we keep versus the cases we refer out.”
Join Nasser Abujbarah, Managing Attorney at Phillips Law Group, as he breaks down how the firm’s case selection process works, which cases he trusts PLAAS to manage, and what that structure has meant for the firm’s case economics.
Watch NowA referral fee is a division of the contingency fee between the referring firm and the firm that handles the case. Most states allow it only under conditions modeled on ABA Model Rule 1.5(e), which permits a division between lawyers in different firms only when three things are true:
Joint responsibility is the part firms underestimate. The ABA’s comment to the rule describes it as financial and ethical responsibility for the representation as a whole, as if the lawyers were partners. A referring firm that takes a share on that basis still answers for how the case is handled.
Paying for a referral outside a fee division is a different matter. ABA Model Rule 7.2(b) bars giving anything of value for a recommendation, with narrow exceptions such as nonexclusive reciprocal referral agreements that clients are told about. States adopt these rules with their own changes, and some cap the referring lawyer’s share or require specific written consent. Check your state’s version before signing any referral agreement.
Referring out costs the firm three things: most of the fee, part of its relationship with the client, and the time it still spends watching the case.
None of these costs make referring wrong. They make it a trade, and the trade looks different when there’s a way to keep the case without working it in-house.
A firm has four ways to handle a signed case. Each one answers who does the work, how much of the fee stays with the firm and who the client sees as their lawyer.
| Option | Who Works the Case | Fee Kept by the Firm | Client Relationship | Best For |
| Keep in-house | The firm’s own team | All of it | Fully with the firm | Cases worth litigating and trying |
| Refer out | Another firm | The agreed referral share | Moves to the receiving firm | Cases outside the firm’s jurisdiction or focus |
| Co-counsel | Both firms, with defined roles | A negotiated share | Shared | Large cases that need added trial resources |
| Outsource pre-litigation | An outsourced team under the firm’s attorneys | The fee, less a per-case service cost | Stays with the firm | Cases with merit the firm won’t litigate |
The fourth option changes the math for the middle of the caseload: cases too small to litigate but worth working well. For the full scope of that work, see what pre-litigation services cover.
The firms that decide well use a written rule and apply it twice: once at retention and again once the key facts are in. For example, three questions decide whether a case stays in-house:
Three yes answers keep the case in-house. A no on property damage or early treatment sends it out on day one.
Around 60 days, firms can check again. For example, the Phillips playbook calls for a police report, imaging and policy limits information on every file within 60 days of retention. Cases with no objective injuries, or limits under $50,000, go out at that point, because the firm litigates only cases with six-figure potential.
For more on building the screen itself, see our guide to personal injury case screening [REVIEW: link live on publish].
Outsourcing pre-litigation makes sense when a case has real merit but the firm won’t litigate it. The firm keeps the client and the case, and an outside team does the pre-lit work under the firm’s attorneys.
With PLAAS, EvenUp’s team handles every step of pre-litigation, from claim setup and investigation through care management, record and bill retrieval, demand preparation, settlement negotiation and lien resolution. The team follows the firm’s own policies and procedures and works inside the firm’s case management system, so attorneys see every file. PLAAS recovers 95% of available third-party policy limits.
Phillips Law Group set it up in three ways:
The firm reports that its average fee on PLAAS cases is almost three times its average referral fee, after the PLAAS cost.
Whether a case is referred out or outsourced, the firm’s name and duties stay attached to it. Watch five things on every file:
The last one matters most. A firm that can pull a case back doesn’t lose the large case that started small. For the stages these files move through, see our guide to pre-litigation team stages and processes.
Join one of the nation’s largest firms, Lerner & Rowe for a candid look at what happened when they brought PLAAS into their practice. Hear what changed for their attorneys, their clients, and their bottom line.
Watch NowReferring out solves a capacity problem by giving away the fee, the client relationship and some control. Keeping every case solves nothing if the team can’t work them all. The firms that grow fastest write a rule for which cases they litigate, then find a way to work the rest without losing the client.
For more on growing that way, see how to grow a personal injury law firm.
Schedule a call to see how PLAAS can work your firm’s pre-litigation cases to your own playbook.
Schedule a call today to see how EvenUp’s AI tools automate repetitive tasks, streamline custom drafting, and empower staff to focus on case strategy and client engagement.
Schedule CallNot directly. ABA Model Rule 7.2(b) bars giving anything of value for a recommendation, with narrow exceptions. Lawyers can divide a fee with a lawyer in another firm when the arrangement meets Rule 1.5(e) or the state’s version of it. Rules vary by state, so check yours.
There’s no single rate. The share is set by agreement between the firms, the client must agree to it in writing, and the total fee can’t go up because of the split. Some states cap the referring lawyer’s share, so check your state’s rules.
Often, yes. Under Rule 1.5(e), a lawyer who takes a share without doing proportional work must assume joint responsibility for the representation. The ABA describes that as financial and ethical responsibility for the case as a whole.
Referring out moves the case and the client to another firm in exchange for a share of the fee. Outsourcing pre-litigation keeps the case and the client with your firm, and an outside team does the pre-lit work under your attorneys.
With an outsourced pre-litigation team, yes, because the case never left the firm. Phillips Law Group pulls cases back in-house when their expected value rises above its litigation threshold. A referred case is harder to recover, because the client’s representation has moved to another firm.