Giving a reference

We are sometimes asked to give a former or departing colleague a reference. We are happy to do this and you can do so on the firm's headed paper. However, there are a few points to note to ensure we don't pick up unintended or unreasonable liability.

The first point to note is that it's now industry standard that references just confirm the person's position and length of service. So, while we might be asked to give more detail, and while counterintuitive, it might actually be better to give the standard reference.

If you feel the need to go further, then you can do so, but subject to the following:

• Never give a bad reference, that helps no one and may cause a problem.
• References must be factually accurate.
• It's a good idea rather than to make a definitive statement (e.g. Ms X is honest and trustworthy) to make that a statement of opinion (e.g. I have always found Ms X to be honest and trustworthy).
• Don't go too far. We can provide a great reference without ending up liable for any issues with the relevant subject of the reference down the line. So statements such as "I am sure you will find Mr Y to be an invaluable member of your team" or "Z and Co always give great and accurate advice", should be avoided.
• It's worth adding a disclaimer, e.g. "This reference is given without warranty or representation as to its accuracy. You should conduct your own interviews and form your own assessment of the candidate and should not rely on this reference. This reference is provided in confidence. The writer and Keystone Law accept no liability for providing this reference."

We are also sometimes asked to give a client reference. Again, we can, but subject to common sense limits. So, we can for example confirm our bills have been paid on time, but we can't, for example, say someone is of good character. Before giving a client reference you should have it approved by the Director of Operations and Compliance. You can give employment references without any need for approval, so long as they follow the guidelines above. You are of course welcome to discuss any reference before giving it with the Director of Operations and Compliance.