LAWYER REFERRAL SERVICE

PROGRAM POLICIES

1 . LRS PROGRAM

This program refers clients to an attorney located in the client's geographic area on a rotational basis. The attorney agrees to provide a consultation of up to 1/2 hour at no charge. The $25.00 referral fee which the client pays at the time of the consultation is to be remitted to the LRS. Upon retention, each panel member ageees to pay to LRS, ten percent (1 0%) of any fee in excess of $500.00 upon receipt of payment from client, exclusive of costs.

2. LRS REDUCED-FEE PROGRAM

This program refers low-moderate income clients who have been interviewed by LRS staff to determine financial eligibility. Their income must fall between 1 50200% of the federal poverty guideline. If further legal services are required beyond the initial consultation, participating attorneys agree to a maximum retainer fee of $250.00 and a maximum hourly fee of $50.00. As in the regular LRS program, the attorney agrees to provide a consultation of up to 1/2 hour at no charge. The $25.00 referral fee which the client pays at the time of consultation is to be remitted to the LRS. The 1 0% percentage fee does not apply to reduced-fee cases.

3. LEGAL INFORMATION & REFERRAL SERVICE FOR THE ELDERLY

This program refers clients to an attorney located in the client's geographic area on a rotational basis. The attorney agrees to provide a consultation of up to 1/2 hour at no charge. Upon retention, each panel member agrees to pay to LRS, ten percent (1 0%) of any fee in excess of $500.00 upon receipt of payment from client, exclusive of costs. Elderly clients are not required to pay a referral fee of $25.00.

4. REDUCED FEE PROGRAM FOR ELDERLY

This program refers low income elderly clients who have been interviewed by LRS staff to determine financial eligibility. Elderly clients are not charged a referral fee and the attorney agrees to provide a consultation of up to 1/2 hour at no charge. If further legal services are required beyond the initial consultation, participating attorneys agree to a maximum hourly fee of $25.00 for legal services.

5. PRO BONO PROGRAM FOR ELDERLY

This program provides pro bono legal services to economically disadvantaged elderly clients. Their income must fall between 125-150% of the federal poverty guideline. Participating attorneys will provide services at no charge to completion of the case. Clients will be responsible for filing fees, court costs and other out-of-pocket expenses incurred by the attorney.

STATEMENT OF STANDARDS AND PRACTICES OF THE LAWYER REFERRAL SERVICE

OF THE RHODE ISLAND BAR ASSOCIATION

115 CEDAR STREET, PROVIDENCE, RHODE ISLAND 02903 421-7799

IV. THE REFERRAL PANELS

1. PURPOSE & POLICY

1.1 The purposes of the Lawyer Referral Service are:

1. to provide a way in which any person may be referred to a lawyer who is able to render and is interested in rendering needed legal services.
2. to provide pertinent information which will aid the public in selection of a lawyer, and
3. to provide general information and assistance to the public as may be necessary.

1.2 The service shall be operated for the benefit of the public and the legal profession as a whole. It shall be readily accessible and its existence should be known to the public to the greatest extent possible. It shall be a statewide service.

2. OPERATION OF THE SERVICE

2.1 The service shall be operated by the Rhode Island Bar Association through its Executive Committee in accordance with the bylaws of the Association.

2.2 There shall be a Committee on Legal Services which may make recommendations to the Bar Association Executive Committee regarding the policies and administration of the Service.

3. SERVICE TO BE PROVEDED AND GENERAL REQUIREMENTS FOR PARTICIPATION BY LAWYERS

3.1 The Service shall provide panels of lawyers to whom referrals of persons requesting legal advice can be made through the Service and, if possible, shall provide information to aid persons seeking to select a lawyer themselves.

3.2 Lawyers shall not be required to participate in all types of panels in order to participate in any one or more of them.

3.3 The Rhode Island Bar Association shall encourage lawyers to participate in the Service. Only lawyers who are members of the Bar in good standing and licensed to practice in the State of Rhode Island may participate. Participating members of the Rhode Island Bar Association mustcarry malpractice insurance in the amounts established by the rules adopted by the Bar Association.

3.4 Each participating lawyer must agree that:

1. the information contained in his or her application may be furnished to persons who seek information from/and or referral through the Service.
2. so long as he or she continues to be registered on a panel he or she will pay to the Service all applicable fees and charges prescribed by the Service,
3. he or she will maintain an office in which to see clients
4. he or she will abide by all rules of the Service; and
5. he or she will be bound by all authorized representations made with respect to fees, if any, as to persons referred to him or her through the Service.

4. SERVICE PANELS

4.1 The Service shall establish such number and variety of panels as is determined will best enable the Service to make referrals in a manner which is responsive to individual client needs.

4.2 The Service shall attempt to establish other separate panels including, but not limited to: a no-fee-to-indigents panel and reduced fee panels.

5. ELIGIBILITY OF PANEL LAWYERS

5.1 No person who makes referrals should be a member of any referral panel.

5.2 In addition to the matters stated above, each lawyer registered on a panel must agree:

1. to carry professional liability insurance of the kind and in the n-dnimum amount set by the rules of the Service; and
2. to submit any fee dispute arising with the person referred by the Service to arbitration and accept the decision of the arbitrator.

5.3 Any panel member shall be permitted to withdraw his or her registration from the Service, or from any of its panels, upon reasonable written notice to the Service.

6. REFERRAL SERVICE PROCEDURES

6.1 The Service shall establish procedures which assure that each referral is made in a fair and impartial manner to a member of an appropriate panel. Such procedures shall be designed so as to respond to all circumstances of the client, including the subject of the legal problem presented, geographical convenience of the client, language needs and ability to pay for desired services.

6.2 No referral shall be made on the basis of race, sex, age, religion or national origin.

6.3 No referral shall be made by the referrer to himself or herself or to his or her associates and employees.

6.4 If possible, each client-applicant shall be interviewed by a lawyer or trained interviewer. The interview should be convenient to the client and may be conducted by telephone.

6.5 The interviewer shall attempt to find out whether the client applicant has a lawyer. If so, the interviewer shall suggest that the client applicant consult with that lawyer. If, however, the client-applicant states that he or she does not wish to consult with that lawyer, the client applicant shall be referred in the usual manner.

6.6 The interviewer shall ascertain whether the client-applicant has a problem for referral. If so, the rules of the Service shall assure that representation is obtained. If the client-applicant does not have a legal problem, the interviewer shall direct the client-applicant to a source which can provide help.

6.7 The client-applicant shall be informed in writing of the Service's rules applicable in his or her case, including information about the first consultation fee, if any, to be paid by the client-applicant and the extent of legal services which will be rendered for such fee.

6.8 If possible, the Service shall arrange the time and place of the first consultation between the client-applicant and the lawyer to whom he or she is refeffed. Such consultation shall be made available as soon as possible after the initial interview.

6.9 If the panel lawyer decides that another attorney should be consulted or that special services are required and does not feel qualified to render such services, he or she must send the client-applicant back to the Service for another referral.

6.10 The Service shall make regular and consistent attempts to follow up in a reasonable number of cases in order to obtain information which will enable the Service to determine whether appointments have been kept, whether the referred client was satisfied with the lawyer's handling of the case, whether the fee was within the clients means, and similar information. Information obtained by such follow-up procedures shall be used to make such alterations in the operation of the Service as may appear desirable from time to time. At a minimum, the Service should keep records showing:

1. the number of client-applicants interviewed who are not referred to a lawyer and the reasons for non-referral or referral to other agencies;
2. the names of client- applicants referred to a lawyer and, in each such case:

   (i) The nature of legal question involved.

   (ii) the lawyer to whom referred.

   (iii) the date when referred, and

   (iv) whenever possible, the disposition of the case and whether the client-applicant was satisfied with the legal services rendered: all applications for registration in the Service submitted by lawyers and the action taken thereon; and

3. the number of matters referred to each panel member.

7. PUBLICITY

7.1 The Service shall develop and maintain an active publicity program using communications media best designed to inform the general public in the area served of the existence, purposes and advantages of the Service and the kinds of information and services available.

7.2 The form and content of all publicity regarding the Service shall be dignified and consistent with recognized principles and procedures of legal ethics and shall not be false, deceptive or misleading. All advertising shall identify the sponsor(s) of the Service.

7.3 No publicity about the Service shall identify a particular lawyer participating in it.

7.4 The Service shall make specific arrangements with legal aid programs, criminal justice agencies, hospitals, jails, courts, employers and other public and private agencies and institutions in the area served by the Service to assure the use of the Service by persons inquiring through such agencies and institutions.

8. REDUCED FEE PANEL ADDITIONAL PROVISIONS

8.1 Purpose & Policy

1. to provide a means by which any person meeting the Reduced Fee Referral Service's financial eligibility guide lines may be referred to a participating attorney;
2. to remove economic access barriers to legal assistance through a reduced fee lawyer referral program, supplementing the work of the pro bono program in order to provide an efficient and systematic approach to the unmet need for legal assistance.

8.2 Fees

1. so long as he or she continues to be registered on a panel he or she will pay to the Service all referral fees as prescribed by the Service, if any;
2. he or she will not charge a fee in excess of fifty dollars ($50.00) per hour and
3. he or she will not charge more than two hundred and fifty dollars ($250.00) as an initial retainer fee, however, in addition to the retainer fee the attorney may require a client to advance non-waivable costs and fees.