Northern California Lawyer Referral Service. Attorney Handbook

Transcription

1 Northern California Lawyer Referral Service Attorney Handbook LRS is a program of Northern California Lawyer Access, Inc., a 501(c)(3) tax exempt corporation. This version of the Attorney Handbook was approved by the LRS Board February 20, 2013

2 NORTHERN CALIFORNIA LAWYER REFERRAL SERVICE ATTORNEY HANDBOOK TABLE OF CONTENTS I. RULES OF OPERATION 1. HISTORY; MISSION STATEMENT 2. ORGANIZATION 3. ADMINISTRATION 4. SUBJECT MATTER PANELS 5. ELIGIBILITY AND REGISTRATION OF PANEL ATTORNEYS 6. FEES AND COLLECTION 7. REFERRAL AND REPORTING PROCEDURES 8. WITHDRAWAL, RESIGNATION, SUSPENSION AND REMOVAL 9. PUBLICITY 10. AMENDMENTS II. PANEL AND PROGRAM DESCRIPTIONS Approved by Board Page 2 of 16

3 REFERENCES/ATTACHMENTS: (ATTACHED OR AVAILABLE ON LRS WEBSITE) California Business & Professions Code sec. 6155(a) Rules and Regulations of the State Bar of California Pertaining to Lawyer Referral Services ( ) Application (including experience questionnaire) (approved by Board 11/19/12) Agreement of Participating Attorney (approved by Board 11/19/12) LRS Procedure for Panel Attorney Review (New and Renewing Attorneys) (under revision as of 1/1/13) LRS Procedure for Attorney Billings, Requesting Case Reports & Forwarding Fees from Panel Attorneys (under revision as of 1/1/13) Approved by Board Page 3 of 16

4 I. RULES OF OPERATION 1. HISTORY; MISSION STATEMENT Lawyer Referral Service ( LRS or the Service ) traces its history back more than 30 years. The Nevada County Bar Association incorporated the organization as a tax-exempt non-profit corporation in In 1980, the organization was renamed Nevada County Legal Assistance, Inc. and a lawyer referral service component was later added. In 1997, the State Bar certified LRS as Lawyer Referral Service No. 48. LRS is established as a division of Northern California Lawyer Access, Inc., a 501(c)(3) tax exempt non-profit corporation. Services are provided to the 20 northern counties of California: Butte, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Lassen, Mendocino, Modoc, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, and Yuba. The Northern California Lawyer Referral Service s primary objective is to guide members of the public to an appropriate attorney for assistance with a legal matter. With tens of thousands of practicing attorneys in Northern California, trying to find the right attorney for your specific need can be frustrating, overwhelming and daunting. We strive to facilitate access to pre-screened and qualified legal representation, which we believe is the undisputed right of every citizen in this country. 2. ORGANIZATION 2.1 The Lawyer Referral Service is a non-profit public service operated under the guidelines of American Bar Association s Statement of Standards and Practices and the State Bar of California s Minimum Standards for a Lawyer Referral Service in California (hereinafter Minimum Standards ). 2.2 The Lawyer Referral Service shall be administered by the Board of Directors of the Northern California Lawyer Access, Inc., and by personnel employed or appointed by the Board of Directors in accordance with the Articles of Incorporation and By-Laws of Northern California Lawyer Access, Inc., and these Rules of Operation. 2.3 The Board of Directors may, in its discretion, appoint an LRS Governing Committee ( Committee ). The Committee will oversee or assist in the administration of Lawyer Referral Service as may be deemed appropriate. The Committee shall consist of at least three (3) members, fifty percent (50%) of whom shall be active members of the State Bar of California pursuant to Rule 10, paragraph 10.1 of the Minimum Standards. The Committee shall meet at least quarterly and shall review the annual Approved by Board Page 4 of 16

5 report submitted by the Lawyer Referral Service pursuant to Rule 10 of the Minimum Standards. The members of the Committee shall be selected each year from active members of the Board of Directors. 3. ADMINISTRATION 3.1 The Board of Directors and/or Committee shall review the operation records of Lawyer Referral Service each month pursuant to Rule 10, paragraphs 10.1, and 10.2 of the Minimum Standards and shall request staff to prepare appropriate reports. 3.2 The Lawyer Referral Service shall maintain complete records of its operation (electronically or hard copies), including the following: (a) An Attorney Application for each panel attorney of the Service containing the name, address and pertinent qualifications of the attorney; (b) Client application forms for each applicant containing the name, address and personal data of each client; (c) Referral forms showing the name of the panel attorney to whom the referral was made, the type of matter presented by the client, and the date the referral was made; (d) Status/disposition forms for each client referred indicating the status or disposition of the case including total fees charged by the panel attorney to the client; (e) Evaluation forms from a random sampling of clients pursuant to Rule 10, paragraph 10.3 of the Minimum Standards; (f) Financial records of all income and expenses of the Service and other records concerning the operation of the Service in accordance with the requirements of Rule 15, Paragraph 15.1 (a), (b), and (c) of the Minimum Standards; (g) A complete and continuous log of all referrals made pursuant to Rule 15, paragraph 15.1 (b) of the Minimum Standards. Approved by Board Page 5 of 16

6 3.3 Annually, the Board of Directors and/or the Committee shall prepare or cause to be prepared and filed with the State Bar, all forms and reports as required by paragraph 15.2 of the Minimum Standards. 3.4 The Lawyer Referral Service shall cooperate with the State Bar regarding an independent audit or investigation of the Service, at State Bar expense. 3.5 Proceeds derived from fees charged and collected as specified by the Rules shall be used as follows: (a) For payment of the expenses of operation, promotion and development of the Lawyer Referral Service; (b) In no event shall proceeds from the Service be used to defray the costs or operating expenses of the sponsoring association, other than those properly apportionable as expenses of the Service, or be used solely for the benefit of the members of such association or members of the State Bar. 4. SUBJECT MATTER PANELS 4.1 The Lawyer Referral Service shall attempt to maintain such panels and programs as deemed necessary to meet the needs of the attorney and client communities including, but not limited to: Bankruptcy Business and Contract Law Conservatorship & Guardianship Law Criminal Law Estate Planning & Elder Law Family Law General Civil Litigation Immigration Labor & Employment Law Landlord & Tenant Law Personal Injury Probate Real Estate Social Security (Public Benefits) Workers Compensation Approved by Board Page 6 of 16

7 4.2 Panel attorneys shall be permitted to participate on any or all programs. If a panel attorney selects the regular referral panel, the panel attorney is limited to no more than five (5) subject matter panels. Panel attorneys may indicate an interest in additional panel areas. In the event that a regular panel attorney is unavailable for a referral, staff may make a referral to panel attorneys who have indicated an interest in that area. 4.3 Panel attorneys subsequently employed by referred clients in connection with matters unrelated to the originally referred matter, are exempt from these Rules as to those subsequent matters. 4.4 Any panel attorney certified by the California Board of Legal Specialization shall be so designated and automatically admitted to all panels within the area of specialization. 5. ELIGIBILITY AND REGISTRATION OF PANEL ATTORNEYS 5.1 Any attorney in good standing of the State Bar of California who is actively engaged in the practice of law in the geographic area served by the Lawyer Referral Service may apply for one or more substantive practice area panels. In order to qualify as a panel attorney of any substantive practice area panel, an attorney must meet one of the following criteria: (a) The attorney must be a Certified Specialist in the substantive practice area of the panel for which he or she is applying, or (b) The attorney must have practiced law in the substantive practice area of the panel for which he or she is applying for at least two years, and also must have completed at least six (6) hours of continuing legal education in that substantive practice area within the past two years. (c) If the attorney does not meet the criteria set forth in (a) or (b), above: (i) The attorney must have completed at least twelve (12) hours of continuing legal education in the substantive practice area of the panel for which he or she is applying within the twelve (12) months prior to application for such substantive practice area panel; and (ii) The attorney must associate with or professionally consult with another lawyer who both meets the criteria set forth in (a) or (b) and who is a current Approved by Board Page 7 of 16

8 active panel attorney of the Service s substantive practice area panel to which the attorney submitting the application is applying. Such association or professional consulting arrangement must be reduced to writing on a form developed by the Service. 5.2 The Board of Directors (and/or a committee appointed by the Board of Directors) shall establish annual dues for each substantive practice area panel of the Service. The fee shall be non-refundable if the application is approved. 5.3 The Board of Directors (and/or a committee appointed by the Board of Directors) may reject any application for membership on any substantive practice area panel of the Service, or may suspend or remove a panel attorney, according to procedures adopted and approved by the Board of Directors. These matters include procedures for reviewing and renewing panel attorneys as well as for billings, case reporting, and forwarding fees. These procedures are attached in the Appendix to this Handbook. An applicant or panel attorney may file a written appeal regarding such suspension or removal with the President of the Board of Directors or the Chairman of the Committee. 5.4 The Service shall require that each panel attorney have a current policy of Errors and Omissions Professional Liability Insurance in a minimum amount of $100,000 for each occurrence and $300,000 aggregate per year which covers the panel attorney and/or their firm. A panel attorney agrees to provide the Service with a copy of the policy each time it is renewed. The panel attorney further agrees to inform the Service immediately upon termination or cancellation of such policy, and in any event no later than fourteen (14) days from the date of such termination or cancellation of the policy. (See State Bar Rule 11.3). 5.5 The Board of Directors (and/or a committee appointed by the Board of Directors) shall annually review the existing panel attorneys to ensure that they continue to meet the criteria set out in Paragraph 5.1, above. In evaluating the existing panel attorneys, the Board or Board committee shall consider the criteria set out in Paragraph 5.1, above, and also may consider the panel attorney s history of disciplinary, administrative, or related actions with the State Bar of California, as well as any feedback provided by Service-referred clients and staff. If the Board of Directors and/or Board committee determines that an existing panel attorney does not meet the abovedescribed criteria, and the result is contrary to LRS s business interests, a determination may be made that the panel attorney should be removed from the panel. If the Board committee determines that a panel attorney should be removed from one or more substantive practice area panels, the committee shall make a recommendation of Approved by Board Page 8 of 16

9 removal to the Board of Directors, which shall vote on whether to remove the panel attorney. If the Board votes to remove the panel attorney, the chairperson of the Board committee shall communicate the decision and notice of the attorney s right to appeal in writing to the panel attorney. A panel attorney may file a written appeal regarding such suspension or removal with the President of the Board of Directors or the Chair of the Committee. 5.6 All applicants for registration as panel attorneys shall agree, in writing, to the following: (a) To abide by all the Rules of Operation contained in the Northern California Lawyer Access Referral Service Handbook, the Rules of Professional Conduct, and any applicable provisions contained in the Minimum Standards. (b) That information contained in the attorney s application may be furnished to clients applying for legal services and may be used in a Directory of Lawyers containing pertinent biographical and other information useful to persons seeking an attorney. (c) To the extent permitted by law, to waive and hold harmless against any and all claims against Northern California Lawyer Access, Inc., and its agents and employees for any liability whatsoever in connection with the operation of the Service or the use of information contained in the attorney application. (d) To indemnify and hold harmless the Lawyer Referral Service and the Board of Directors, members, officers and employees of Northern California Lawyer Access, Inc., from any and all actions, claims or liabilities, expenses or losses resulting in whole or in part from handling any referral made by the Lawyer Referral Service. 6. FEES AND COLLECTION 6.1 Each client referred shall pay, in advance to the Service, or to the panel attorney if more convenient, an administrative fee set by the Board of Directors of not less than $40.00 for a regular fee, $10.00 for a limited means referral and no charge for a Pro-Bono referral, if applicable. Payment of said fee entitles the client to a one-half (1/2) hour consultation with a panel attorney of the Service. This consultation does not include preparation of papers or letters. 6.2 For professional services rendered beyond the initial half-hour consultation, moderate and reasonable fees shall be set forth in writing between the client and attorney. Approved by Board Page 9 of 16

10 6.3 Each panel attorney shall pay forwarding fees to the Lawyer Referral Service in the amount of fifteen percent (15%) of all fees received in excess of Three Hundred Dollars ($300.00), not to exceed Twenty Thousand Dollars ($20,000.00) per client referred. All fees accruing to the Service shall be paid within thirty (30) days of collection from the client. Each panel attorney shall complete and return to the Service a monthly report or invoice indicating the status or disposition of the case. 7. REFERRAL AND REPORTING PROCEDURES 7.1 The Lawyer Referral staff shall interview clients to determine the nature of the legal service required. The referring staff members will also determine if the client should be referred to a regular panel, a special program of the Service, or give such other community or legal resource information as is necessary to assist the client. If a referral is made, the panel attorney shall personally grant a one-half (1/2) hour consultation to any client referred to him or her by the Service. All prospective clients shall be referred to individual panel attorneys (rather than the attorney s office). Each panel attorney to whom a client is referred is individually responsible for serving such client. According to State Bar Rule 13, the rotations shall be conducted in a manner to assure each referral is made in a fair and impartial manner. Failure to rotate sequentially and failure to keep and maintain complete, current and continuous records can be grounds for decertification of the Service. 7.2 If a panel attorney to whom a client is referred elects not to accept a referral, the attorney shall not refer the client to another attorney outside the attorney s office, but rather shall refer the client back to the Service for referral to another panel attorney. In the event the client referred has a case, but one in an area which the panel attorney does not handle, the attorney will refer the client back to the Service. In the above cases, the subsequent referral shall be at no additional charge to the client. 7.3 A panel attorney may transfer a referral to a partner or associate within the panel attorney s office who complies with the following: (a) (b) thereto; (c) (d) Is presently a panel attorney of the Service in good standing; The client is informed of the transfer or covering basis and consents Participates on the panel from which the client was originally referred; The attorney must notify the Service of the change. Approved by Board Page 10 of 16

11 7.4 If a panel attorney is unavailable because of illness or absence from the area, of an extended or undetermined duration, the Service shall be notified and the referring staff members shall place that panel attorney s name on hold until further notice from the panel attorney. If a panel attorney is consistently unavailable for any other reason, or should a panel attorney consistently refuse to make an appointment or keep appointments with client referred to him or her by the Service, his or her name may be removed from the panel after proper notification. 7.5 It shall be the obligation of each panel attorney to determine if a conflict does exist precluding representation of the referred client, and if so, to immediately report such determination to the Service and, thereupon facilitate the referral of the client to the next available panel attorney at no additional charge. 7.6 Each panel attorney is expected to handle referral clients with the same courtesy and diligence as shown to non-referral clients. No referral shall discriminate on the basis of race, color, sex, age, religious creed, national origin, ancestry, sexual orientation, disability, medical condition, marital status, political affiliation or veteran status. 7.7 Within three (3) days of the initial interview with each client, the panel attorney shall acknowledge the referral by returning the proper section of the referral form to the Service, providing the status of the referral. The Service shall request the panel attorney provide periodic and/or quarterly status reports on forms provided. Such report shall include information regarding the status of all matters referred to the attorney and the fees, if any, received and, if appropriate, the ultimate disposition of the case. The panel attorney shall, within thirty (30) days of receipt of such report form, provide the information requested and any referral fees then due the Service. Failure of the panel attorney to provide such information shall be grounds for suspension or termination from the Service. This reporting shall be made in accordance with the provisions of the Agreement of Participating Attorney between the Attorney and the Service. 7.8 The Service may, from time to time, audit its records and those records of its panel attorneys which concern matters referred by the Service. All panel attorneys shall make available for audit, upon request of the Service, all office files, records, accounts, ledgers and any other records related to the Service or any matter referred by the Service. Should the Service assess a deficiency against any panel attorney, the assessment shall be presumed correct, and the panel attorney shall bear the burden of Approved by Board Page 11 of 16

12 showing its inaccuracy in any proceeding, formal or informal. Failure of any panel attorney to comply with the request of the Service to inspect such records shall be grounds for removal from the Service. All assessments shall bear interest at eight percent (8%) per annum. The Service shall be entitled to reasonable attorney s fees in any action or proceeding brought to enforce any provision of these Rules of Operation or any Agreement executed by the panel attorney in connection with the Lawyer Referral Service. 8. WITHDRAWAL, RESIGNATION, SUSPENSION AND REMOVAL 8.1 Any panel attorney so desiring shall be permitted to withdraw his or her participation in the Service upon five (5) calendar days written notice to the Service. Such withdrawal shall not affect any obligation on the part of the panel attorney to make reports or pay referral fees for matters or clients referred to the panel attorney prior to such withdrawal. 8.2 Any panel attorney may be suspended by the Board of Directors for so long as there is a failure, after ten (10) calendar days written notice, to carry out any of the following activities: (a) (b) (c) Payment of annual registration fee (if applicable); Collection and forwarding of any fees due the Service; Submission of any required report. 8.3 Any panel attorney may be removed or suspended from any or all panels by the Board of Directors and/or the Committee for any of the following reasons: (a) Failure to maintain continuous eligibility and qualifications under these Rules of Operation. (b) diligence. (c) Failure to handle Service cases with professional competence and Evidence of unprofessional conduct. (d) A demonstrated lack of competence in any of the subject areas covered in the panel or panels for which the attorney is registered. (e) In court-appointed cases, at the request of the court. Approved by Board Page 12 of 16

13 (f) Falsification of any material statement made to qualify for any panel or made in any required report. (g) Violation of the State Bar Act or Rules of Professional Conduct of the State Bar of California. (h) Repeated discourtesy to Service clients or staff. 8.4 Pursuant to Rule 10, paragraph 10.3, of the Minimum Standards, the Board of Directors and/or the Committee shall conduct and annually review the results of a random sampling of at least ten percent (10%) of the clients referred to panel attorneys regarding the client s satisfaction with the attorney s handling of the case and whether the client felt the fee charged was reasonable. 8.5 Any panel attorney may appeal a decision of suspension or removal by filing a written appeal with the President of the Board of Directors and/or the Chairman of the Committee within ten (10) calendar days of being notified of such action. 9. PUBLICITY 9.1 The Lawyer Referral Service will endeavor to maintain publicity programs to inform the public of the availability of lawyers through the Service to any person who needs one, to inform the public of all special programs of the Service, and to make the directory available to members of the public. Any and all media available may be used to publicize the Service. Particular emphasis shall be placed on media publicity designed to reach those persons unlikely to have an attorney and/or those who may fail to recognize a problem as being legal in nature. All publicity shall comply with the Minimum Standards for Lawyer Referral Services in effect at the time. 9.2 Copies of written advertising will be furnished to the State Bar as required by Rule 14, paragraph 14.1 of the Minimum Standards. 10. AMENDMENTS These Rules of Operation may be amended from time to time by a majority vote of the Board of Directors and/or the Committee upon recommendation of the Supervising Attorney and/or the Board of Directors. Any amendment adopted shall be distributed forthwith to all panel attorneys. Approved by Board Page 13 of 16

14 II. PANEL AND PROGRAM DESCRIPTIONS BANKRUPTCY This category includes wage attachments, and all advice and actions under Bankruptcy Laws. BUSINESS/CONTRACTS This category includes reviewing and drafting contracts; the formation, operation, sale and dissolution of various business entities including partnerships, limited partnerships, corporations and sole proprietorships; and all matters pertaining to contractual relationship and/or business and commercial matters. CONSERVATORSHIP/ GUARDIANSHIP CRIMINAL ESTATE PLANNING & ELDER LAW FAMILY LAW/ DOMESTIC VIOLENCE GENERAL CIVIL LIT. LABOR/EMPLOYMENT Proceedings to establish temporary parental relation over child or a custodial or proprietary relationship over the person or property of an incompetent adult. Includes action under the Probate as well as Civil Codes. This panel includes all criminal matters, including felony, misdemeanor, and juvenile. This includes drug offenses, alcohol-related offenses and traffic/driving related offenses. This category includes all matters related to preparation of wills, codicils, trusts, intervivos gifts, estate planning and gift and estate planning. Includes all matters dealing with the needs and concerns of the elderly and their friends and family members. This panel includes matters involving annulment, dissolution of marriage, legal separation, child custody, visitation, support, restraining orders, enforcement and modification of orders, adoptions, name change, emancipation, and all matters covered by the Domestic Violence Act. This includes all civil matters that are or may be the subject of civil litigation that do not fall under any other specific area of expertise. This panel includes employment problems including employment discrimination and matters dealing with unemployment insurance and eligibility including appeals. Approved by Board Page 14 of 16

15 LANDLORD/TENANT PERSONAL INJURY PROBATE REAL ESTATE PUBLIC BENEFITS WORKERS COMP. This panel includes all matters dealing with landlord and tenant relationships including reviewing and drafting lease and rental agreements. Includes unlawful detainer matters, notices, court proceedings and enforcement of judgments. This panel includes any loss or injury to a person and/or property. This panel may include sub-panels for medical or dental malpractice, product liability and Worker s Compensation. This category includes all matters relating to Probate including will contests. This category includes matters relating to the purchase, sale, lease, rental, and ownership of real property. Includes matters related to easements, boundaries, CC&Rs, homeowner associations, property taxes, zoning problems, general plan designations, disputes over uses of real property, easements, etc. Includes the administrative and court proceedings involving land division, subdivision, variances, use permits, etc. Public benefits includes all matters related to Social Security including disability, eligibility, appeals, survivor benefits, etc. Workers Compensation cases would only be referred to those attorneys on the personal injury panel who specifically request such referrals and who have completed an Experience Questionnaire for Workers Compensation. Approved by Board Page 15 of 16

16 REFERENCES/ATTACHMENTS: (IF NOT ATTACHED, AVAILABLE ON WEBSITE) Rules & Regulations of the State Bar of California Pertaining to Lawyer Referral Services (dated ) Excerpt from Business and Professions Code 6155 [N]o attorney shall accept a referral of clients, unless.(1) the service is registered with the State Bar of California. Panel Attorney Application (including experience questionnaire) (approved by Board 11/19/12) Agreement of Participating Attorney (approved by Board 11/19/12) LRS Procedure regarding Panel Attorney Review (New and Renewing Attorneys) (under revision as of 1/1/13) LRS Procedure for Attorney Billings, Requesting Case Reports & Forwarding Fees from Panel Attorneys (under revision as of 1/1/13) Approved by Board Page 16 of 16