The Bar Association of San Francisco

Lawyer Referral and Information Service

Legal Interviewer Training Manual

Updated June 15, 2011

Table of Contents

Introduction...... p. 1

Legal Interviewer job description...... p. 2

Basics of the legal interview...... p. 3

Processing online requests...... p. 5

Consultations by phone and payment of the $35.00 fee...... p. 6

Refunds of credit card payments and checks for $35.00……………………p. 8

Screening cases for income and case eligibility…………………………….p.8

Statutes of Limitation and Jurisdiction...... p. 8

Information vs. Legal Advice……………………………………………….p. 10

Reminders for effective client interviews...... p. 12

Explanation of Regular and Low-fee referrals...... p. 13

Free Services (pro bono)...... p. 14

Filling out the computerized referral form...... p. 14

Scheduling appointments...... p. 15

Entering the appointment information………………………………………p. 16

Confirming and Canceling appointments...... p. 17

Description of Panels (Introduction)...... p. 19

Business Law Panel...... p. 20

Criminal Law Panel...... p. 21

Disability Rights Panel...... p. 23

Elder Abuse Panel…………………………………………………………..p. 24

Family Law Panel...... p. 26

General Law Panel...... p. 30

Immigration Law Panel...... p. 34

Insolvency Law Panel...... p. 37

Intellectual Property Rights Panel...... p. 38

Juvenile Law Panel...... p. 39

Labor Relations Panel...... p. 41

Legal Malpractice Panel...... p. 44

Medical Malpractice Panel...... p. 46

Military Law and Veteran’s Benefits Panel...... p. 48

Personal Injury Law Panel...... p. 49

Probate Law Panel...... p. 52

Real Estate Law Panel...... p. 53

Taxation Law Panel...... p. 57

Worker’s Compensation Panel……………………………………………..p. 58

INTRODUCTION

This manual explains the office procedures and policies of the Lawyer Referral and Information Service. It describes how to conduct a client interview, how to create and distribute the computer intake form, how to make referrals to attorneys, and includes a selection of verbal communication tools for how to best conduct the client interview. It also provides a listing of office nomenclature, income guidelines, exceptions to collecting the consultation fee, and guidelines related to screening for the Volunteer Legal Services Program (the free legal services program through the Bar Association of San Francisco). Some special types of referrals through the Lawyer Referral and Information Service for low-income clients are also mentioned here. A compendium of the different areas of law appears at the back of the manual in the Description of Panels section. Here, each area of law is briefly described, with mention of particular case scenarios and related areas of law as they apply. A set of sample interview questions follows each area of law.

The Lawyer Referral and Information Service (LRIS) is a non-profit, public service of the Bar Association of San Francisco, which receives approximately 50,000 calls annually from people seeking legal assistance. Its purpose is to refer those callers to the most appropriate legal resource for their legal needs. The LRIS arranges half-hour consultations for clients on both a regular fee and low fee basis at a charge of . This fee is waived for personal injury (plaintiff), most workers' compensation, some government benefits cases, and some family law referrals. The fee may be waived or delayed in cases of financial hardship or at the discretion of the LRIS Supervisor of Information and Referrals

Approximately 500 attorneys participate in the LRIS, representing experience in over 100 categories of law. Attorney members who wish to participate on the “Experience Panels” (also called “Subject Matter Panels”) must meet certain experience requirements before being eligible to receive referrals in a given area of law. No such experience requirements exist for membership on the low-fee panels, (except for criminal and juvenile court matters), which allow an attorney to develop their experience in an area to possibly qualify for regular fee referrals. The LRIS administers an “Attorney to Attorney” program, whereby attorneys with experience in particular areas have agreed to provide advice to less experienced practitioners. Attorneys on low-fee panels are encouraged to avail themselves of this service. Many experienced attorneys also accept referrals on the low-fee panels as part of their commitment to providing legal services to low income clients.

The LRIS staff of trained legal interviewers includes persons fluent in Spanish, Chinese (Mandarin & Cantonese), Vietnamese, and French. The Service also provides the initial screening in certain areas of law for BASF's pro bono or free legal services program, the Volunteer Legal Services Program. In addition to attorney referrals, the LRIS provides information and referral to many alternative resources, such as community and governmental agencies, if such resources would better serve the client’s needs.

Legal Interviewer

Lawyer Referral and Information Service

Job Summary: Interview clients by telephone, specify legal needs, classify legal issues, and refer callers with legal problems to appropriate panel attorneys. Screen clients for their income to determine eligibility for either low-fee or pro bono assistance. Schedule appointments with attorneys and process office forms. Make referrals to social service or governmental agencies, when appropriate. Provide other administrative assistance as necessary.

Major responsibilities:

1.Answer telephones and process online requests promptly and assess reason for inquiry.

2.Interview callers/email clients to determine nature of problem and classify legal issues to make appropriate referral.

3.Provide information to callers/email clients who want or need to contact other agencies.

4.Explain to callers/email clients the services available through the Lawyer Referral and Information Service.

5.Screen clients for financial and case-type eligibility for low-fee and pro bono assistance.

6.Contact attorneys to arrange appointments, taking into consideration a client’s special needs such as language, geographic location and wheelchair accessibility, while maintaining correct rotational order of the panel cards.

7.Enter all necessary data on the computer intake form and panel cards.

8.Process forms to attorneys, clients and other staff as appropriate.

9.Confirm appointment information with clients; fax disposition and send out client questionnaire forms; notify attorneys if an appointment is canceled and process cancelation in the computer so that the attorney’s card moves back to their original place in rotation for a make-up referral.

10.Attend staff training sessions and consult with the LRIS Supervisor of Information and Referrals and other staff members to ensure accurate and precise information is given to attorneys and clients.

11.Help train and assist new employees with questions about intake and referral.

I.THE BASICS OF THE LEGAL INTERVIEW

A.THE MECHANICS OF THE PHONE

1) The phones in the Lawyer Referral and Information Service are connected to an automatic call distribution system. This means that calls are automatically distributed in succession to all interviewers who are “logged-on” to the system and are available to take a call. The specifics of the workings of the phone will be explained to a new interviewer upon the beginning of employment.

2) Keep your extension available for incoming calls as often as possible so that a client can speak to you as quickly as possible. Sometimes this means not completing all the necessary information from the previous call onto the intake form. Taking notes during an interview allows you to be able to complete the referral form at a later time when you finish the next call or when calls slow.

B.THE PRIMARY AND OVERALL GOAL OF THE INTERVIEW

The primary goal of the client interview is to obtain the specific information necessary for referral to a lawyer or an appropriate legal agency. Such a process requires general knowledge of a large number of legal areas and as well as an understanding of the other legal agencies and organizations in the City that provide specialized assistance. Both are required for effective client referral. Whether to intake a case or not will depend on many factors, some of which apply to all areas of law, such as jurisdiction, damages and legal time limits. The particular facts of the client’s situation, however, will always serve as the principle intake guide, such that a very serious injury or an egregious breach of a person’s legal rights may override the fact that the case is in, for example, a distant jurisdiction or one on the verge of exceeding a legal time limit.

The overall goal when speaking with clients is not only to convey the appropriate information that best matches their needs, but also to conduct the interview with a helpful, empathetic and professional tone, listening attentively and without judging their situation. Should a client become frustrated or irate, resist rising to their level of anger and respond by speaking slowly and in a low tone of voice. Sometimes the client needs more explanation about why you need to ask them certain questions or assurances that they can trust you with their information. Sometimes faulty assumptions from you or them may be getting in the way of achieving a mutual understanding. Acknowledge the client’s emotion or difficulty and clarify misinterpretations you or the client may have made. The most important feature to the interview is remaining calm and empathetic while obtaining the necessary information to help the client most effectively. Refer to the “Reminders for Effective Client Interview” on page 12 of this manual for other helpful suggestions.

C.HOW TO CONDUCT THE CLIENT INTERVIEW

1)Ask the client to briefly describe his or her legal problem and guide the caller with appropriate questions to the specifics. If you can ascertain from the beginning that he or she would be better served by calling a community or government agency, then refer the client to that agency by giving him or her the phone number and any relevant information about the services the agency provides. If the agency has limited intake hours, be sure to give this information to the client.

2)If you decide that the problem is one which is best served by a referral to an LRIS panel attorney, then explain that the LRIS can set up an half-hour consultation for the client to meet with an appropriately experienced attorney for a fee; in some instances, that fee may be waived and tell the client there will be no charge. Any further services and any further fees after the initial 30-minute consultation are to be arranged between the client and the attorney. It usually takes around one business day to arrange an appointment, although with less complicated cases, referrals can be made much more quickly.

3)If the client is interested in meeting with a lawyer, ask the client for their gross monthly income (that is, the income before taxes are withdrawn) to determine whether they qualify for low fee or free legal services. If their income meets or is below the guidelines set by the Legal Services Corporation (these guidelines will be explained by the LRIS Supervisor during your training) the client might be referred to BASF’s free legal services program, the Volunteer Legal Services Program (VLSP). Details of the kinds of cases that the VLSP handles are outlined in a separate handout which the LRIS Supervisor will provide. If the client meets the low-fee guidelines, the consultation fee is usually charged but this can be waived or delayed depending on the circumstances of the case and the client's income.

4)After the legal problem has been determined and the financial screening has been done, tell the client your name and explain that you will contact them as soon as an appointment has been arranged for them with an attorney. In some instances, you may also instruct the client to contact the Service again the following day if they have not received a call from you. Give the client your name and let him or her know to ask to speak with you about the status of the referral. This explanation is reserved for those clients whose cases may be more difficult to refer and therefore more time is needed to place the referral with an attorney. Also, an appointment may be arranged more quickly than usual, especially if the case involves serious personal injury, or an immediate legal deadline. If this is the case, inform the client that you will call him or her with the appointment information as soon as an appointment has been scheduled, usually within the hour. Maintain as much flexibility as possible with the referral process, adjusting our normal routine as circumstances warrant.

5)As much as possible, keep interviews concise. Make sure the caller understands how the referral service works from as early in the conversation as possible. If a caller is unclear why you are asking many questions, clarify for them that the attorneys need to know some specifics about their legal matter in order to accept the referral.

In the event that a client becomes frustrated, irritated, or too upset, the client may ask to speak to the LRIS Supervisor of Information and Referrals or the Director. First, explain the situation to the LRIS Supervisor of Information and Referrals He or she will almost always speak to the client first and when necessary so will the LRIS Director.

D.Processing Online Requests

Online requests are processed by the interviewer designated as the “call backs”, each day on a rotating basis. These requests are located in our online program called Thunderbird. The interviewer is responsible for printing online requests at the beginning of the day, managing the electronic copies and dispersing these equitably among the legal interviewers doing intake for that day. From this point on this person will continue to check the inbox and print the requests, manage the electronic copies and solely processes their intake. No additional requests are dispersed to the other legal interviewers for that day.

Each online request that an interviewer receives is entered into our computer intake system. After reviewing the request the interviewer is to fill out the computerized intake form with all relevant information. This process is described in greater detail the section titled, “Filling Out the Computerized Referral Form”.

Once the intake form is completed, the legal interviewer is to attempt to reach the client by telephone. This is to ensure that we have a complete and accurate description of the client’s issue, and to explain how the lawyer referral service works. Many of the same steps are followed as for conducting a telephone interview. Submit the case for referral if the client is interested. If the client is not available leave a voice message asking them to call back. If for some reason you can not contact the client or leave a message, email the client requesting that they call in to begin processing their request.

When an attorney referral is made, an email confirmation can be sent when necessary or at the client’s request. Further detail is provided in the section on “Confirming and Cancelling Appointments”.

In addition to this email system, there is another online referral system that the LRIS subscribes to called, iLawyer. The processing of these requests is a fixed responsibility given to one legal interviewer. These cases are handled in similarly to the other online requests; however it is one interviewer’s responsibility to convey the outcome of our referral efforts.

E.CONSULTATIONS BY PHONE AND PAYMENT

OF THE $35.00 REFERRALFEE

1.)Phone consultations

It is always appropriate to do a phone consultation for a client who lives far away, out of state or in another county, and certainly for a client who is house-bound, injured, in immigration or police custody, or so ill as not to be able to leave the house. It may also be necessary to arrange a phone consult for a client who will need a home visit from an attorney, usually for purposes of drafting a will or making changes to existing documents, wills, property deeds, etc. The phone consult allows for the attorney to better understand exactly what the client needs and be prepared to bring the appropriate paperwork to the home of the client in a second appointment arranged by the client and the attorney.

A phone consult also may be arranged when a referral has been refused by three attorneys, the benchmark number of refusals used to indicate the case may not be referred through the service. Making a phone consultation for a client who otherwise was to get an office appointment is often a determination made by the LRIS Supervisor of Information and Referrals When a phone consultation is made, the attorney does not rotate to the bottom of the referral panel, unlike with office appointments (as discussed under the section “Making the appointment with the attorney”). Often this will encourage the attorney to speak with the client, knowing that they will not forego their place in the rotation to accept the referral. Areas of law in which you can anticipate that office appointment referrals may be changed to phone consultations are personal injury, worker’s compensation or medical malpractice cases, or any other matter in which the facts of the case may not be as strong as to ensure the level of interest by the attorney to meet with the client in person. Often the panel attorneys will provide brief legal advise by phone as part of their service to the public.