Referral Agreement:
we transfer the client wisely, not for thanks
A client has come to you with a request, but you are currently in full load, and you cannot take it.This is a common story for both private practitioners and large companies.
There are 2 possible reactions:
- simply refuse;
- give the client a partner's contact (for free or for a fee for the partner).
Transferring a client for a fee is a normal, reasonable, and widespread practice.
What might interest the partner in the attached version of the agreement?
✅ Payment using the Success Fee model
The partner pays a percentage only of the amounts actually received from the client (and not, for example, from the cost of services rendered to the client).
✅ The commission is only for specialized services
The agreement specifies the client's request. The commission is calculated only from payments for completing this or a similar request.
If a client comes to you with a request for judicial representation, and a partner also buys a car, the partner will pay a commission only on the amounts paid for the courts.
✅ Ease of entering into an agreement
No paper is needed. An electronic signature (EIC) on your part is sufficient.
We send the partner the text of the agreement with your UKEP → we receive acceptance from him through specific actions (for example, a bank transfer of 11 rubles) → voila, legally you have a written agreement.
But even here there are risks that need to be covered by proper registration.
RISK 1. A CUNNING PARTNER EVADES PAYMENT.
The partner works with the client in secret from you.
Protection
- You have the right to request statements on the partner's bank accounts with filtering by client
- You have the right to ask the client himself or his affiliates
- penalties for concealing income, from the amount of which your remuneration is calculated
The partner's relationship with the client is not fixed on paper.
Protection
- the concept of an Agreement has been introduced → it is not necessary to have a paper with the name "Contract...", the actual implementation of the client's request is sufficient
The partner works with an affiliated person of the client (a relative, a related company).
Protection
- the client is considered not only the person who made the request, but also the one in whose interests the request was expressed, and their affiliates
A fake contractor. The contract with the client was signed by the 3rd person engaged by the partner.
Protection
- penalty for sending a client to 3 persons without the consent of the Customer; penalty is punitive, lost profits can be collected from above
The partner fulfills a different request than the one specified in the agreement.
Protection
- the concept of a similar request has been introduced - the agreement also applies to it
The partner wants to terminate the agreement with you (Clause 1, Article 782 of the Civil Code), and after that conclude a contract with the client.
Protection
- you will have to pay anyway, because the service has been provided on your part since the transfer of the partner's contacts to the client
RISK 2. THE PARTNER HARMS YOUR BUSINESS REPUTATION
The partner turned out to be unqualified, rude, or irresponsible. This casts a shadow on your business reputation, because You recommended this partner.
Protection
- You have the right not to execute the agreement until the partner provides proof of qualification
- You have the right to withdraw from the agreement if you conclude that the partner is not qualified enough
- You have the right to withdraw the recommendation – advise the client to reject the partner and offer another contractor
- penalties for loss of a client due to partner's fault
In the attached form, these and other risks are eliminated.
You can spy, cheat.
❗️Don't forget to adapt. Every situation is unique, there are no "standard patterns".If you want to send a client to me for a commission, I am ready to sign such an agreement.
