SAN DIEGO COUNTY BAR ASSOCIATION

LRIS

STAFF TRAINING MANUAL

March 2010

TABLE OF CONTENTS

1. Introduction

Purpose of the LRIS Training Manual

LRIS Statement of Purpose

Modest Means Program

State Bar of California

Purpose of A Lawyer Referral Service

Governing Committee

American Bar Association

2. General Information & Personnel Policy

Information on Bar Sponsored Program

LRIS Office Hours and Breaks

Staff Descriptions and Functions

3. The Referral Process

Fee Categories

Guidelines for Making an Effective Referral

The Mechanics of the Lawyer Referral Service

Important Information to Remember When Speaking to Clients

Confidentiality of Referrals

4. Computer Information and Telephone System

Subject Matter Panels

Computer Categories and Definitions

A Guide to the LRIS Computer System

Printing Daily Referral Reports

Nightly Rebuild of Referral Search Indexes

Flow Down Company Information in LRIS iMIS Database

Looking up Past Referrals

Printing Client Surveys

Telephone System Manual

5. Difficult or Frequently Asked Questions

Effective LRIS Conversations Based on Sample Calls

Anecdotes

6. Technique and Etiquette Recommendations

Telephone Techniques & Etiquette

Problem Callers

7. Appendix

LRIS Application

LRIS Referral Confirmation Sample

Listing of San Diego County Cities and Zip Codes by Numerical Order

Listing of San Diego County Cities and Zip Codes by Alphabetical Order

Modest Means Application and Income Guidelines

Listing of Cities, Zip Codes and Geographical Location

State Bar Minimum Standards

LRIS Rules of Operation

Modest Means Rules of Operation

The purpose of this manual is to introduce you to the operation of the LRIS and to create an atmosphere conducive to learning. All LRIS staff are encouraged to thoroughly read the instructions, learn through experimentation and through asking questions. All questions are important to your understanding of the program and to the growth of the LRIS. This manual does not replace or duplicate the Association’s personnel manual. It is important for all new staff to review the Association’s Personnel Manual and any other pertinent association-related information before reviewing the LRIS Training Manual. This is to ensure your understanding of the Association’s infrastructure before learning about the LRIS program.

The Lawyer Referral and Information Service is a department within the San Diego County Bar Association and has operated continuously since 1952. It was originally formed as the Lawyers Reference Service, the name was changed to the current one in the mid 1970’s.

LRIS STATEMENT OF PURPOSE

It is the purpose of the Lawyer Referral and Information Service to render a public service by making legal advice available at reasonable prices, to members of the public unacquainted with the advantages of legal guidance in the complicated transactions of modern daily life. Members of the public are referred to attorneys on a rotation basis within a specific field of law and every attempt is made to accommodate a client within a specific geographic area to the extent possible. *(Rules of Operation, Appendix)

MODEST MEANS PROGRAM

The Modest Means Program was established to provide persons of “modest means” who do not qualify for indigent legal aid, probono or other no cost legal services, who cannot afford to pay market rate attorneys’ fees, and who may otherwise be denied access to needed legal services, with access to a qualified attorney who has indicated a special interest in this program and who has agreed to provide legal services at reduced fee rates. *(Modest Means Rules of Operation, Appendix)

STATE BAR OF CALIFORNIA

All Lawyer Referral Services operating in California are governed and monitored by the State Bar of California. The State Bar has established Rules and Regulations to enforce minimum standards for the operation of Lawyer Referral Services. *(Minimum Standards, Appendix)

It is the policy of the State Bar that every community be serviced by one or more certified Lawyer Referral Service. Each year every Referral Service must complete an application for recertification and must show that they have complied with all the rules and regulations.


PURPOSE OF A LAWYER REFERRAL

The purpose of a Lawyer Referral Service is to provide a way in which any person may be referred to a lawyer who is able to render and interested in rendering needed legal services; to provide information about lawyers and the availability of legal services which will aid in the selection of a lawyer; to inform the public when and where to seek legal services; to provide general and legal information needed by the; and to direct the client to community or governmental agencies if legal resources are not the best solution to the client’s problem. As a result of an effective LRIS program, participating attorneys will gain new clients and will provide a worthwhile public service.

Lawyer referral services generally are intended to provide a mechanism for matching clients who are in need of legal services and who are able to pay at least some attorneys fees, with lawyers interested in and equipped to handle their legal problems. The goal of any LRIS should be to refer members of the public to attorneys who are competent to handle their particular legal needs.

Although the lawyer referral services are considered to provide a benefit to its attorney members, their primary purpose is public service. Without lawyer referral, thousands of people would be without an agency to turn to for legal assistance. Lawyers, already perceived as expensive and inaccessible, would be even further removed from the public they are supposed to serve. The lawyer referral service reaches out to bridge the gap between attorneys and the public. By providing a valued service, the bar enhances its image as a public spirited organization, concerned about the community in which it exists.

Members of the public call the LRIS with the expectation of a referral to a competent lawyer who practices in their area of need. In order to maintain this very important public service, the lawyer referral program needs to have a panel of adequate size, and varied enough in geographic dispersion and areas of practice, to accommodate the needs of callers.

GOVERNING COMMITTEE

The State Bar regulations further state, that referral services shall be supervised by a governing committee of at least (3) members.

The SDCBA’s LRIS Committee operates pursuant to the Association’s Bylaws. The committee has nine (9) voting members, consisting of the Treasurer and a Board liaison of the Association, who shall automatically be replaced each year by their successors, and 7 lawyers appointed by the President of the Association (with the approval of the Board of Directors) to serve extended terms. Of such 7 seats, 3 shall be designated Class A seats with terms of office expiring December 1996 and every 3 years thereafter; 2 shall be designated Class B seats with terms of office expiring December 1997 and every 3 years thereafter; and 2 shall be designated Class C seats with terms of office expiring December 1998 and every 3 years thereafter. In the event of a vacancy, the then President of the Association (with Board approval) may fill the vacancy. The President of the Association shall be an ex officio member of the committee, but not entitled to vote.

The Committee meets at regular intervals during the year to review overall policy matters and areas of LRIS development as well as to formulate and adopt all rules for the conduct and the operation of the LRIS. An important function of the committee is to vote on the LRIS eligibility of new attorneys applying for the LRIS.

AMERICAN BAR ASSOCIATION

The American Bar Association located in Illinois is a volunteer organization made up of attorneys throughout the United States. It has a standing committee on LRIS, which maintains a clearinghouse of information and materials relating to the operation and development of LRIS’s and responds to ethics and policy questions from state and local lawyer referral directors and volunteers.

The goal of the ABA Standing Committee is to increase the number of clients served by public service lawyer referral programs, improve the assistance provided by these programs, and protect consumers from private firms promoting themselves to the public as lawyer referral without the proper public service component. The Committee seeks to improve the delivery of legal services to moderate income clients by facilitating access to appropriate legal services, providing high quality materials and model standards to local programs, encouraging the implementation of existing quality standards, and assisting with the design and establishment of new programs when requested.

It also offers a Program of Assistance and Review (PAR) to assist state and local lawyer referral programs by observing their current operations and suggesting ways to make them more effective. PAR is designed to help lawyer referral programs improve management and operations by providing the advice of a team of experts; offer support through telephone consultations and on-site visits; and, provide information about innovative procedures and services which have been used successfully around the country.

2. GENERAL INFORMATION AND PERSONNEL POLICY

INFORMATION ON BAR SPONSORED PROGRAM

The LRIS is located in a small office which requires staff interaction, tolerance and close cooperation. A spirit of information-sharing and problem-solving on calls should always prevail. Efficient use of your time in handling incoming calls and your performance with your other duties will favorably affect the entire LRIS team. A cooperative effort is essential.

LRIS OFFICE HOURS AND BREAKS

The general office hours are Monday thru Thursday 8:30 a.m. to 6:00 p.m and on Friday from 8:30 a.m. to 5:00 p.m. Phones must be answered promptly at 8:30 a.m. Employees are entitled to a one hour lunch break. The lunch break is from 1:00 to 2:00 p.m. (this may change from time to time due to staff vacation, sick time, etc.). Lunch break times should be arranged with the LRIS Director. Non-exempt employees are prohibited from working in excess of five (5) hours without taking at least a 30 minute lunch break. However, you may in writing, waive your lunch break, provided you do not work over six (6) hours that day. All non-exempt employees are entitled to a 10 minute paid break in the middle of each work period, these two break periods are counted as “time worked”

In no instance, should the phones be left unattended.

STAFF DESCRIPTIONS AND FUNCTIONS

Each year the LRIS is responsible for making approximately 25,000 referrals to its 450 participating attorneys. Each participating attorney is a member in good standing with the State Bar of California, has received no disciplinary action against him/her by the State Bar and carries a minimum amount of professional liability insurance coverage. If there is a question regarding an attorney’s eligibility or ability to represent LRIS clients, the Director will present the situation to the LRIS Committee. If you receive a call from a client that has a complaint about an attorney referral, the call should be forwarded immediately to the Director. The LRIS will follow up on such a matter and will pursue any actions necessary if it is determined to be a justifiable complaint.

The LRIS receives an average of 200 calls per day. Of these, approximately half are referred to attorneys. These numbers indicate that many of the LRIS callers either do not want or need the services of an attorney. As a public service program of the association it is also the job of the LRIS staff members to assist those callers in need of legal aid or general legal information. Each LRIS Counselor should be familiar with the large number of agencies throughout the state and be able to utilize resource directories in order to find a service best able to assist the diverse needs of LRIS callers.

Many of the LRIS attorneys handle a variety of legal matters. While the LRIS will make referrals for corporate law, administrative law, probate, and in numerous other areas, the majority of referrals fall into the following categories: personal injury, social security disability and family law. The most common case type is divorce. *(Job Descriptions, Appendix)

3. THE REFERRAL PROCESS

FEE CATEGORIES

There are two different types of fee categories when making a referral:

Regular fee referrals are provided when a client has clearly stated that they can afford to hire an attorney. The attorneys on the service have agreed to provide an initial consultation free of charge. During the initial consultation, the client should discuss fees with the attorney. If the initial consultation exceeds one half hour the attorney may base additional charges on their regular hourly rate.

Modest Means referrals are provided for clients when they cannot afford a regular fee referral and meet the Modest Means Guidelines. The Modest Means Program provides the public with access to LRIS attorneys who are responsive to a client’s income. There are approximately 50 attorneys on the Modest Means Program. Attorney participants on the panel have agreed to provide the first half hour consultation visit free of charge. The attorney retainer cannot exceed $1,000 and $75.00 per hour. Most attorneys accept monthly payments. The Modest Means Program is for Family Law referrals only.

The caller should be informed that the referred Modest Means attorney will do a further review of the caller’s income eligibility. All attorneys participating in the panel will be furnished with a financial statement form to assist them in determining the client’s financial status. The attorney’s evaluation of a client’s assets should include not only wages, but also the payment or receipt of any support and amounts readily available money or securities. Ownership of assets such as real estate or other equity interests will NOT be disqualifying but may be used as an indicator of ability to pay a non-reduced fee. The attorney will not be required to accept the case if this inquiry reveals that a client is, in fact, ineligible for Modest Means Services.

GUIDELINES FOR MAKING AN EFFECTIVE REFERRAL

1) Try to answer the telephone as quickly as possible and say, “Good Morning or Good Afternoon Lawyer Referral Service”.

2) Determine the nature of the caller’s problem. Try to relate the caller’s problem to a listed topical category. Ask pertinent questions to determine if the services of an attorney are necessary. Concrete questions should be asked.

Certain key points should be remembered while dealing with callers, such as: