Your usual lawyer refers the interstate claim to another firm
Close responsibility gap between referring lawyer and receiving firm for live interstate proceeding.
Corporate Recovery Partners
01 / 06
A referral has been made but nobody has confirmed the task
A hypothetical business sends an interstate claim to its usual lawyer. The lawyer suggests another firm and forwards an introduction. The owner assumes the new firm is already handling the response. Before relying on that assumption, establish whether the firm has accepted the work and which immediate tasks it has agreed to undertake. An introduction and an active engagement are different events.
Send the claim, all attachments, relevant orders and the record of when and how papers arrived through the agreed secure channel. Include any response already sent by the business or its usual lawyer. Avoid leaving the receiving firm to reconstruct the history from a short referral email. Identify the next known event and ask the firm to verify what action is required.
NSW Courts recommends legal advice for civil proceedings and explains that courts use their own rules and procedures. Where the claim is in NSW, use advice suited to that proceeding; another state requires its own assessment. Do not assume the usual firm's familiarity with your contracts means it has undertaken the necessary work in the receiving court.
Ask who will prepare, file and serve any required documents and how completion will be confirmed. In the hypothetical example, the receiving firm may still need conflict checks, instructions or an agreed engagement before acting. Clarify what remains outstanding and who is managing the matter meanwhile. A copied email chain does not establish that either firm has taken responsibility for every step.
Nominate the authorised person who can answer factual questions and approve instructions for the business. Inform both firms of relevant communications without circulating privileged material beyond appropriate recipients. If their proposed roles differ, ask them to clarify the division. Avoid sending separate, inconsistent settlement instructions through two advisers simply because both remain on the correspondence.
Retain the engagement details, action responsibilities and verified next dates. If the receiving firm cannot act, seek a prompt alternative while keeping the existing matter visible. CRP can help assemble the commercial background for that advice. The purpose of the handover is continuity in a live proceeding, not merely finding a lawyer whose office is closer to the court.