LAWYER REFERRAL AND INFORMATION SERVICE PANEL MEMBER HANDBOOK Find A Lawyer, You Can Trust Table of Contents C H A P T E R 1 Purpose of the LRIS C H A P T E R 2 Panel Membership C H A P T E R 3 The Referral Process C H A P T E R 4 Forms and Other Paperwork C H A P T E R 5 Subject Matter Panels C H A P T E R 6 LRIS Marketing C H A P T E R 7 Modest Means Panel Thank you for being a member of the largest non-profit referral service in Georgia. 1 Chapter Purpose of the LRIS… To provide the public with access to quality legal representation; To provide a positive image of the legal profession; To provide our panel attorneys with an opportunity to expand their client base; To provide services to modest mean clients. Our LRIS … Was organized in 1955….. Is governed by a LRIS Board of Trustees…. Meets the standards of the American Bar Association…. Referred over 15,000 callers in 2011…. Handled over 40,000 calls in 2011…. Have approximately 350 attorneys on the panel…. Makes referrals in 12 Atlanta metro counties…. Can handle Spanish speaking callers…. Hours of operation are Monday-Friday 8:30-5:00 2 Chapter Panel Membership An applicant must be a member in good standing with the State Bar of Georgia. The applicant does not have to be a member of the Atlanta Bar Association to join LRIS, however as a benefit, the cost is less. Members of the Hispanic Bar Association are also eligible to join LRIS at the same cost of Atlanta Bar Association members. Panel dues are billed along with membership dues at the end of our fiscal year, which ends May 31st. An applicant must have E&O insurance. A copy of the declaration page will be kept on file with LRIS. Our computer software will automatically remove a panel member from rotation if this information is not up to date. Panel members will receive notification of renewal approximately one month prior to the expiration date that LRIS has on file. An applicant must certify that he or she meets specific requirements to receive referrals in the following areas of law: Bankruptcy, Child Custody, Contested Divorce, Felony issues, FLSA, FMLA, Immigration Law and Medical Malpractice. Page | 4 3 Chapter The Referral Process Clients receive referrals from LRIS by calling the intake line 404-521-0777 or by submitting a request thru our website. Intake staff will listen to the callers issue and provide them a referral to the right type of lawyer to consult with about their legal issue or refer them to another organization, if this is more appropriate. Unfortunately, we are not always 100% accurate and a caller slips through who should not have been referred. Our intake staff are not attorneys and cannot always judge the merits of a case, therefore, if the circumstances have a rational appearance of a potential feegenerating case, we make a referral. After the screening process, our intake staff will place the potential client on hold and give you a call. We will provide the caller’s name, phone number and area of law in which we believe the caller needs assistance with. Our staff will provide the selected panel member’s name and number to the caller and ask them to call you directly to schedule a consultation. The caller is informed that he or she will receive up to a 30 minute consultation with the attorney for the cost of $35.00 unless it is an area of law in which the fee is waived. Page | 5 Following are the areas in which the $35.00 consultation fee is currently waived: American Disability Act, Asbestos, Aviation, Dental Malpractice, Employment Discrimination, False Arrest, Insurance Law, Employee Labor Law, Legal Malpractice, Libel/Slander, Long Term Disability, Military & VA Law, Medical Malpractice, Negligence, Nursing Home Issues, Product Liability, Personal Injury, Premises Liability, Sexual Harassment, Slip and Fall, Social Security, Unemployment Compensation, Federal Workers Compensation, Workers Compensation, and Wrongful Death. If you are unable to assist the caller and it seems that he or she may have a meritorious case, you must refer this potential client back to LRIS. If the client does not seem to have a meritorious case please inform the client as to the reason(s) for your opinion. If an associate in your office, who is not a LRIS panel member, handles a LRIS referred case, we will retain it as active in your records and you will be responsible for the remittal of any fee share. If you associate someone outside of your office, the 15% fee share is still due on the whole fee. Panel members may remit fees owed to LRIS as they earn them or in one lump sum payment at the end of the case. Fees should be remitted within 30 days of the case closing. For more information about the percentage fee rules see: Atlanta Bar Association LRIS operating rule(s) 6.6 – 6.9 and Georgia Bar rule 5.4 (a) (5); 7.3 (c) (2) Page | 6 4 Chapter Forms and Other Paperwork Client Referral Form (Exhibit 1) This form should be completed by the potential client upon arrival to the panel member’s office. This signed form should be mailed to LRIS along with the $35.00 consultation fee, if applicable. Case Summary Questionnaire (Exhibit 2) Each month, LRIS will fax or e-mail this report to the panel member’s office. All referrals that are considered open will appear on this report. We ask members to update the disposition of each referral using the “disposition legend” in the right hand corner: Disposition Definitions: Additional Services “A”: Place this status in the disposition column if you have been retained by the referred client. This referred client’s name will remain on your report until you have informed LRIS that the case has been closed and any applicable fees have been remitted. A fifteen percentage (15%) fee is applicable on all cases where the attorney’s fee is over $500.00. Page | 7 Example: Attorney Fee = $1,000 ($1,000 - $500 = $500 x 15% = $75) Remittal fee = $75 Brief Contact “B”: Place this status in the disposition column if you spoke with the referred client less than 30 minutes and did not provide a consultation. Conference Only “CON”: Place this status in the disposition column if you provided a consultation for the referred client. Forward the $35.00 consultation fee if applicable. If you are not providing any additional services, please place a “Y” in the “Final Pay” column and we will remove this referral from your report. If there is a possibility that your office may provide additional services, status this record with “PAS” (possible additional services). No Show “N”: Place this status in the disposition column if the referred client set up an appointment but did not show up. Outstanding “OS”: This is the default for all referrals. Referrals with this disposition will remain on the report until you inform us of the correct status. This status means that the case is outstanding with LRIS and we are unsure of the current status. Possible Additional Services “PAS”: Place this status in the disposition column if you are investigating the client’s case and may provide additional services. Page | 8 Telephone Conference “T”: Place this status in the disposition column if you provided a telephone consultation and the referred client did not pay for the consultation. Only use this status if you will not be providing any additional services. Void “V”: Place this status in the disposition column if the referred client never contacted your office. Client Survey (Exhibit 3) A client survey is mailed to a random sample of referred callers on a quarterly basis. This survey helps us to measure the quality of our service and that of our panel members. If we receive a complaint regarding the service of a panel member, we will follow the operating rules listed under Rule 7 in the LRIS Policy and Procedural operating manual. Area of Law Form: (Exhibit 4) This document lists all the areas of law that panel members may receive referrals in. Panel members may use this form to update and/or change referral areas. Client Acknowledgement of Disclosure Form: (Exhibit 5) This form may be utilized to disclose the relationship between the Atlanta Bar Association’s LRIS program and the panel member. Page | 9 5 Chapter Subject Matter Panels Since 2004, LRIS program has met the American Bar Association (ABA) standards which governs Lawyer Referral Programs. This places our service in the unique position to utilize the ABA’s patented Logo & Slogan “The Right Call for the Right Lawyer.” One of the essential standards of meeting these requirements is our ability to ensure that our program offers the public experienced attorneys for specific areas of law. The areas of law in which our panel attorneys must meet additional requirements are: Bankruptcy, Child Custody, Contested Divorce, Felony issues, FLSA, FMLA, Immigration Law and Medical Malpractice. Following are samples of the membership requirements for such panels: Page | 10 LRIS BANKRUPTCY PANEL MEMBERSHIP REQUIREMENTS 1. The attorney is familiar with bankruptcy laws and procedures under the Bankruptcy Code. 2. The attorney has appeared in Bankruptcy Court at least three times within the last year, having been involved in the consumer or business bankruptcy matter from the beginning of the case to its conclusion. 3. The attorney has taken at least eight hours of CLE during the last two years in bankruptcy procedures. 4. The attorney has in his office or has immediate access to publications dealing with bankruptcy law/bankruptcy practice. I hereby certify that I meet the special criteria for receiving referrals from LRIS in the area of bankruptcy law. I wish to receive referrals in: consumer____ and/or business_____ bankruptcy cases. I will or will not represent the creditor. Signature:___________________________________ Date: ____________ Name: _____________________________________ GA Bar No. _____________ Page | 11 LRIS CHILD CUSTODY DISPUTE PANEL MEMBERSHIP REQUIREMENTS 1. The attorney has been lead counsel in a minimum of three prior child custody disputes. 2. The attorney must have substantial involvement in the area of domestic relations/family law. Substantial involvement means at least 15% of the attorneys’ time has been spent in this practice area as lead counsel during the last two years. 3. The attorney has taken at least six hours of CLE during the last two years related to child custody, child support, paternity, legitimization, contempt, or modifications. I hereby certify that I meet the membership requirements for receiving custody referrals from LRIS and will maintain compliance with the requirements as long as I accept these referrals. Signature:___________________________________ Date: ____________ Name: _____________________________________ GA Bar No. _____________ Page | 12 LRIS CONTESTED DIVORCE PANEL MEMBERSHIP REQUIREMENTS 1. The attorney has been lead counsel in a minimum of three contested divorces. Contested is defined as any divorce that was filed in court before an agreement was reached. 2. The attorney has been involved in a minimum of three divorce trials or temporary hearings in Georgia courts in the last two years. 3. The attorney must have substantial involvement in the area of domestic relations/family law. Substantial involvement means at least 15% of the attorneys’ time has been spent in this practice area as lead counsel during the last two years. 4. The attorney has taken at least six hours of CLE during the last two years related to domestic relations/family law. I hereby certify that I meet the membership requirements for receiving contested divorce referrals from LRIS and will maintain compliance with the requirements as long as I accept these referrals. Signature:___________________________________ Date: ____________ Name: _____________________________________ GA Bar No. _____________ Page | 13 LRIS CRIMINAL - FELONY PANEL MEMBERSHIP REQUIREMENTS 1. The attorney is familiar with the practice and procedures of the Georgia Superior Courts and the Georgia Court of Appeals. 2. The attorney has been lead counsel in a minimum of five felony criminal cases, at least two of which were tried to completion. Please list captions: 1. ________________________________________________________ 2. ________________________________________________________ 3. ________________________________________________________ 4. ________________________________________________________ 5. ________________________________________________________ 3. The attorney has had at least two years litigation experience in the area of criminal law. 4. The attorney is eligible to receive court appointments for felony cases in Georgia. I hereby certify that I meet the membership requirements for receiving referrals from LRIS in this area and will maintain compliance with the requirements as long as I accept these referrals. Signature:___________________________________ Date: ____________ Name: _____________________________________ GA Bar No. _____________ Page | 14 EMPLOYMENT LAW – WAGE & HOUR (FLSA) PANEL MEMBERSHIP REQUIREMENTS 1. The attorney has been active counsel in a minimum of five FLSA matters on behalf of employees involving wage and hour claims within the last two years. 2. The attorney has attended a continuing legal education (CLE) course in employment/labor law for at least three credit hours in the past two years and agrees to continue during the course of panel membership to earn a minimum of three CLE credits from attendance at employment law courses every two years. 3. The attorney has access to the following resources: a. Fair Labor Standards Act, 29 U.S.C. section 201, et seq.; b. 29 CFR Chapter V and c. U.S. Department of Labor FLSA Opinion Letters. I hereby certify that I meet the membership requirements for receiving referrals from the Atlanta Bar Association LRIS in this area and will maintain compliance with the requirements as long as I accept these referrals. Signature:___________________________________ Date: ____________ Name: _____________________________________ GA Bar No. _____________ Page | 15 EMPLOYMENT LAW – FAMILY MEDICAL LEAVE ACT (FMLA) PANEL MEMBERSHIP REQUIREMENTS 1. The attorney has been active counsel in a minimum of five FMLA matters on behalf of employees involving Family and Medical Leave Act matters within the last two years. 2. The attorney has attended a continuing legal education (CLE) course in employment/labor law for at least three credit hours in the past two years and agrees to continue during the course of panel membership to earn a minimum of three CLE credits from attendance at employment law courses every two years. 3. The attorney has access to the following resources: a. Family and Medical Leave Act, 29 U.S.C. section 2601, et seq.; b. 29 CFR Part 825 and c. U.S. Department of Labor FMLA Opinion Letters. I hereby certify that I meet the membership requirements for receiving referrals from the Atlanta Bar Association LRIS in this area and will maintain compliance with the requirements as long as I accept these referrals. Signature:___________________________________ Date: ____________ Name: _____________________________________ GA Bar No. _____________ Page | 16 LRIS IMMIGRATION LAW PANEL MEMBERSHIP REQUIREMENTS 1. The attorney has attended a continuing legal education course in immigration and naturalization for at least two credits within the past year and agrees to continue to complete at least one relevant CLE every two years while on the panel. 2. The attorney maintains in his office a number of publications critical to the immigration and naturalization fields. Please list two below: 1._____________________________________________ 2._____________________________________________ OR ____ Place check mark here in lieu of listing publications if you are a member of the American Immigration Lawyers Association. 3. The attorney has had substantial involvement in five INS cases over the past three years. I hereby certify that I meet the membership requirements for receiving referrals from LRIS in this area of immigration law. I wish to receive referrals in: ____ family based and/or ____ employment based and/or ____ deportation based cases. I will maintain compliance with the requirements as long as I accept immigration law referrals. Signature:___________________________________ Date: ____________ Name: _____________________________________ GA Bar No. _____________ Page | 17 LRIS MEDICAL MALPRACTICE PANEL MEMBERSHIP REQUIREMENTS The attorney has been lead counsel in a minimum of four medical malpractice cases, at least two of which occurred in the past two years. The attorney has taken at least six hours of CLE during the last two years in Medical Malpractice litigation. I hereby certify that I meet the membership requirements for receiving referrals from LRIS in this area and will maintain compliance with the requirements as long as I accept these referrals. Signature: ____________________________________ Date: ___________________ Name: _________________________________________ GA Bar No. _____________________ Page | 18 6 Chapter LRIS Marketing Before September 1, 2004, the LRIS program was funded by charging the client a $35.00 consultation fee. These funds were then turned over to the bar at the end of each fiscal year and LRIS began the new fiscal year at zero. With the implementation of the percentage fee program, LRIS has become financially self sufficient. These earmarked funds are used to operate the LRIS program and a large part is applied towards advertisement. This has been a great benefit to our panel attorneys, who are predominately sole practitioners and in small firms who normally do not have a large advertising budget. We advertise on Marta Buses and Trains, Billboards, Google, Yahoo, Yellow Pages, Spanish Pages, Braves Yearbook and more. Page | 19 7 Chapter Modest Means Panel The purpose of the Atlanta Bar Association Modest Means Panel is to provide affordable legal assistance to members of the public who cannot afford to pay standard legal fees, but do not qualify for free legal services. This panel serves people whose income is greater than 175% but no more than 300% of the federal poverty guidelines. There is not an additional fee for an attorney to join this panel nor is the attorney required to pay a percentage fee to LRIS. There is a set flat fee schedule for the following areas of law: Advanced Directives for Healthcare, Bankruptcy, Name change, POA, Simple wills, and Uncontested Guardianship of Minors. Attorneys agree to perform at the maximum rate of $75/hour and agree to accept an initial retainer fee of $600.00 for hourly fee type cases in the areas of Contested Guardianship of Minors, Custody, Deed Transfers, Divorce, Divorce with Minors, Legitimation/Paternity and Separate Maintenance Agreements. Page | 20 Modest Means Fee Schedule Please check the areas of law in which you are qualified to accept client referrals: All fees are exclusive of costs which are the responsibility of the clients Areas of Law Fee Bankruptcy (Chapter 7) Married Couple $500 $750 *Bundled Service (Advance Directive, POA, Simple Will) $475 Advance Directive for Healthcare* $100 Name Change $250 Power of Attorney* (POA) $100 Simple Will* $350 Uncontested Guardianship of minor $125 Hourly Fee Cases (Performed at a rate of $75/hour. A maximum retainer fee of $600.00 and a maximum retainer fee of $600 for all additional retainers for the same client) Child Support (modification/petition/contempt) Divorce Contested Guardianship of a minor Divorce with minors Custody (original) Legitimation/Paternity Custody (modification) Separate Maintenance Deed Transfer Page | 21 Lawyer Referral and Information Service 2012-2013 Board of Trustees Chair David N. Bryman Bryman & Clerke PA Vice Chair Robert J. Fleming Robert J. Fleming, P.C. Immediate Past Chair Roger F. Krause Krause, Golomb & Witcher, LLC Members-At-Large Spencer J. Krupp Lawson & Moseley, LLP Michelle LeGault LeGault Legal, LLC Thomas L. Schaefer Schaefer Law Group Celia T. Sunne Sunne Law Firm Hon. Wesley Tailor State Court of Fulton County Ex Officio Members Lynn M. Roberson President, Atlanta Bar Association Wade H. Watson, III President Elect, Atlanta Bar Association Page | 22 LRIS Mission Statement The mission of the Atlanta Bar Association Lawyer Referral and Information Service is to provide and promote access to the legal system through an organized referral service and grant program. To Contact LRIS LRIS Main Line: (404) 521-0777 Fax Line: (404) 522-0269 Carla T. Brown, Director (404) 832-6215 [email protected] Amber Johnson Assistant Director (404) 832-6212 [email protected] Lucia Keller: Senior Client Representative (678) 510-1659 [email protected] Part-time staff: Sabine Augustine and Joy Jiang Mailing Address: 229 Peachtree Street, Suite 400 Atlanta, GA 30303 Updated June 2012 Page | 23
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