Set out when a referral counts, when a fee is earned and what data can be shared

The biggest problems often come from assumptions. One side may think a warm introduction is enough to earn a fee, while the other expects a signed client or completed placement before payment is due. Disputes also arise around prior relationships, replacement situations, shared delivery and the use of candidate or client information after an introduction. In this area, the legal position depends on the way the business handles information in practice as well as the written terms. That makes clear drafting especially important where referrals are frequent or commercially significant.

It will usually cover who can make referrals, what counts as a valid introduction, what information can be shared, when a fee becomes payable, how long entitlement lasts and what happens if the lead, client or candidate was already known. It may also deal with invoicing, confidentiality, restrictions on misuse of contact details, liability wording, termination and what happens after the arrangement ends. For recruitment and HR businesses, those details matter because the factual working arrangement can matter as much as the contract wording if there is later disagreement about ownership of the opportunity.

We usually need to understand whether you are referring clients, candidates or both, what event triggers payment, whether there are different fee outcomes for different services and how information is exchanged between the parties. Existing heads of terms, email chains or an old agreement can also be useful. If personal information is being shared, the drafting needs to reflect that accurately. The best approach depends on how the parties work together, what has already been agreed and where the main risks sit, rather than assuming every referral model in this sector works the same way.

Sometimes, but often only for a very basic setup. Many templates do not deal properly with prior introductions, disputed fee triggers, replacement periods, account ownership or the difference between passing on a lead and making a commercially valuable introduction. They also tend to be light on data-sharing detail, which matters in HR and recruitment relationships. A more specific document is usually more useful where the referral process is ongoing or tied to candidate and client information. This service Your lawyer will explain the practical position and your options in plain English.

That depends on whether your commercial terms are already settled and whether we are working from scratch or reviewing an existing draft. A simple bilateral referral model is usually quicker than an arrangement with multiple fee scenarios, layered services or more sensitive information-sharing points. Once we have the key details, we prepare the draft or review comments for you to consider. You can then raise any points within the agreed scope. If the matter later expands into negotiations or a live dispute, that would normally need a separate quote.

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