Referees are a major part of the research methodology
This point cannot be overemphasised. For most directories, referees are a key part of their methodology. This is because, speaking to referees gives the directories the most possibility of receiving unbiased feedback about the firm, and its all-round service that goes beyond the substance of the work itself. For Chambers, referee response can contribute to roughly 55% of the research methodology. Therefore, to think that referees are not important or to not pay attention to them can be a costly mistake.
Availability trumps popularity
In choosing referees for a research cycle, it is important to consider who is available and will have the time to speak to the researchers or complete the survey forms. The referee does not have to be the CEO or COO of the client’s company. It is enough to have an integral member of the team, who may not be as popular or senior on the team but has the time and knowledge to provide the feedback and information needed for the research process.
Familiarity over seniority
This point flows from point 2 above. The chosen referee should be a person familiar with the team of lawyers and the advice provided to the client in the past year. Ideally, the referee should be the person that has liaised with the firm and lawyers on the matters, who is able to describe the work sufficiently, mention the names of the lawyers active on the matter and what the roles of each lawyer was on the matter. The closer you get to choosing a referee to meet all of these requirements, the better. Similarly, the referee should be the person that has worked with the team recently (preferably in the past year) to ensure that their feedback is relevant to the research, and they also have fresh remembrance of the team of lawyers and their roles on the matter. The referees should also be a good mix of existing and new clients. Existing clients already know how the team works, would most likely be more familiar with the team members and may be more comfortable speaking about the team. Including new clients helps to add some diversity to the referee list and to ensure that the same list of names are not recycled year after year.
Prior notice is key
No one enjoys being barged with multiple emails about some research that they know nothing about. It is important to inform referees in advance or at the start of research so that they can expect to receive the emails from researchers and attend to them. Even if the referee is familiar with the directory and has been part of the research in past years, there is no harm in informing them that they will be contacted again, this time for the research.
Remember to follow up
It is not enough to inform the referee that they will be contacted, it is helpful that firms follow up with their referees to find out if they got the researchers’ emails and if they have provided feedback. By now, spam filters, firewall blocks should sound familiar as they almost always happen with some referees when they are contacted. Following up helps to know if there are such issues and helps to ensure that they get sorted on time. If the firm has subscribed to tools like the Chambers Referee Management Tool, it will be helpful to maximise the use of these tools to track the status of the referee feedback rates. There are times when it may be helpful to also follow up with researchers about referees, as researchers are busy, it is important to not overdo the follow up process. For our thoughts on the best approach to following up with referees and researchers, see here.
Always remember, written feedback is possible
Rather than not providing any feedback at all, you can encourage your busy referees to provide written feedback to the directories. Most directories provide surveys to referees, even where they request calls, they will most likely accommodate written feedback via surveys, questionnaires and even emails. Encourage your clients to explore this option where their schedule does not permit getting on calls within the timeframe of the research.
Guidelines matter
It is typical of directories to state the maximum number of referees that they want each firm to put forward for each practice area. It is important to comply with this instruction by ensuring that enough referees are put forward and that extras are not too much. Also, where, as with Chambers and Partners, there are specific instructions as to the number of referees each referring partner can put forward, it is important to comply with such instructions. This is to ensure that all referees are contacted for the purpose of the research, and some are not left out simply because some partners put forward more names than they should.
Non-client referees
It is worthy of note that referees can be other people apart from clients. They can include lawyers on the same side (not at your firm), or on the other side of deals, third parties such as professionals advising on the same deals like accountants, tax advisers, etc., arbitrators, barristers, and so on. In deciding to put forward any non-client referee, it is important to inform them in advance and pay attention to their availability, familiarity with the matter and the team at the firm and other necessary points mentioned above.
Running out of time? Your referee list can help out
If you are ever running out of time with the submissions and research is about to start, uploading the referee list in the meantime helps to save the day. While you ask for that extension or try to get the submission done as quickly as possible, the uploaded referee list gives the researchers something to work with and they can contact referees already while awaiting the submission.
Next time you are preparing a referee list for the purpose of a directory research, consider all the points above and see how helpful those referee comments can be for achieving your ranking goals.