Pima County Bar Association Lawyer Referral Service (LRS) Program

Statement of Standards and Rules

(Approved by the PCBA Board on September 20, 2024)  

 

1. SERVICE AND PURPOSE

 

1.1 The Pima County Bar Association, hereinafter referred to as "PCBA," recognizes that there is a segment of the public that would greatly benefit from the provision of aid in the selection of an attorney appropriate to their needs. In order to respond to public needs, the PCBA has established a Lawyer Referral Service, hereinafter referred to as “LRS.” LRS will be operated for the benefit of the public, and as a means of connecting the public with attorneys. It should be readily accessible, and its existence should be known to the public to the greatest extent possible.

 

1.2 The purposes of LRS are:

 

1. To make legal referral services available to the general public by providing a way by which any person may be referred to an attorney on a basis that takes into consideration the person's spoken language, geographical convenience, and the type of legal problem presented;

 

2. To provide information about attorneys and the availability of legal services that will aid in the selection of an attorney;

 

3. To provide referrals to consumer, government, and other agencies that may further assist persons with their legal concerns; and

 

4. To provide member attorneys with a potential source of clients.

 

 

2. PROGRAM OPERATIONS & PROCEDURES

 

2.1 The LRS will be operated from the PCBA Office, using full-time and part-time staff members of PCBA as appropriate. 

 

2.2 Referrals may be made either by telephone or through the online case management system.  

 

2.3 The LRS staff member reviewing the referral application will ascertain whether the client has a problem appropriate for referral to an attorney. The LRS staff member will attempt to direct the client to a source that can provide help, whether it is a social service or other appropriate agency or source. The client will be informed of the LRS program rules concerning: (a) the Initial referral fee to be paid, (b) the extent of legal services that will be rendered for such a fee, (c) the fact that submission of a request for a consultation constitutes consent for contact from the panel attorney, and (d) the need to contact the LRS staff about any complaints against the attorney.

 

2.4 Disclaimer LRS staff will notify each referred client that:

 

“A referral to an attorney who has indicated a willingness to accept referrals in a particular area of law does not mean that the Pima County Bar Association Lawyer Referral Service or any other agency or Board has certified that such attorney is a specialist or expert, or any more qualified than any other attorney. A referral provided by the Lawyer Referral Service does not constitute an attorney-client relationship.”

 

2.5 An LRS referred client shall be provided with a consultation up to 30 minutes in return for a prepaid fee of $50.00. This fee may be revised from time to time by the PCBA Board of Directors. This fee shall be paid to LRS and not to the consulting attorney. The LRS client consultation shall concern the legal problems the client presents.

 

2.6 A referral to a participating LRS attorney panel member will be made only after: 

 

1. The client has answered the questions via the online portal or LRS staff have conducted the initial client intake and screening process;

 

2. The client must pay the initial established referral fee in exchange for a consultation up to 30 minutes with the LRS attorney; and

 

3. The LRS attorney panel member has been selected on a rotating basis pursuant to section 2.7 below.

 

1. 7. Only one LRS attorney panel member's name will be supplied to a client after the initial intake and screening via the online portal or on the phone. LRS staff will provide the client’s name and contact information to the panel attorney and will direct clients to contact the panel attorney. The panel attorney shall make every effort to respond to the client to schedule a consultation within 24 hours of receiving the referral information or contact from the client.

 

1. 8. All clients will be encouraged to contact the LRS staff if they are unable to contact the attorney after a reasonable time or they are not satisfied after the consultation. In all such cases, additional referrals to other LRS attorney panelists may be made, with LRS staff deciding on a case-by-case basis when further referrals to attorney panel members are no longer warranted. If the client is unable to contact the attorney or the attorney agrees that they were not able to assist the client (e.g. wrong practice area), a further referral shall not require an additional fee. In other cases, the LRS staff shall decide whether an additional referral fee shall be required.

 

1. 9. Procedures will be maintained to assure that, as far as reasonably possible, each referral is made in a fair and impartial manner giving all attorney panelists substantially equal opportunity to obtain referrals. Specifically, panel members shall be grouped by a rotation system maintained by PCBA staff or the online management system that is based upon county or other geographic location and area of law practiced. Referrals will be made to panel members in rotation in the county or geographic area closest to the client and based upon the needed area of legal expertise, with consideration of the client's spoken language. Such procedures are designed to respond to all needs and circumstances of the potential clients.

 

1. 10. Panel attorneys shall be divided among panels according to the legal subject areas in which they are able and willing to accept referrals. For simple subject matter panels, attorneys must self-validate that they have handled two (2) matters to completion and qualify to provide representation in that legal area. For experienced subject matter panels, attorneys are required to demonstrate and document the achievement of certain objective levels of experience. Attorneys may select up to six (6) legal areas in which to receive referrals. A list of all current panels, including the required experience criteria for each one, is available on the current attorney panelist application.

 

1. 11. All staff members will be trained in how best to respond and assist individuals who contact the LRS program. Training will include information regarding program policies and procedures, the program's available legal areas, other local resources that may be of help to clients, and how to respond in a courteous manner. The PCBA Board will review staff training procedures periodically upon recommendation of the Executive Director to determine if new training information or continuing education are needed

 

1. 12. The fact of contact with the LRS and any information provided by the caller is confidential. Such communication will not be divulged to anyone outside the LRS program without the consent of the client except in furtherance of client representation.

 

1. 13. The LRS program will regularly collect and document statistics on the program's performance and progress, including the number of total contacts, the number of attorney referrals, and the outcome of referrals.

 

1. 14. The LRS program reserves the right to decline for cause to make the facilities of the LRS program available to any person to the extent it may do so under law.

 

3. PANEL MEMBERSHIP REQUIREMENTS & RULES

 

3.1 Any attorney in good standing with the State Bar of Arizona and in active practice who carries current professional liability insurance with a minimum coverage of $300,000 per claim and $500,000 in the aggregate may apply to serve as an LRS attorney panel member.

 

3.2 Applicants must have been actively engaged in the practice of law for one year prior to their application. They may only participate in those simple panel areas in which they have handled two (2) matters to completion within the last five (5) years and must self-verify that such requirements are met. Attorneys who request membership on experienced subject panels must provide the required objective verification noted on the panelist application for each selected experienced subject panel. A maximum of six (6) legal areas, in which to receive referrals, may be chosen per year.

 

3.3 Panel membership coincides with the calendar year, and attorneys must reapply each year. Membership in LRS for one year does not guarantee membership will be accepted in subsequent years. Applicants are responsible for completing and returning the yearly LRS panelist application. The yearly application serves as an agreement between the LRS program and the panel member.

 

3.4 There is a yearly LRS panelist membership fee established by the PCBA Board of Directors. This fee is nonrefundable, non-prorated, and due at the time of the LRS application. Specific fee rates for PCBA members can be found on the current application form. Members of adjacent county bar associations approved by the PCBA Board may qualify for the PCBA member rate.

 

3.5 In addition to the annual membership fee, attorney panelists agree to pay PCBA a fee equal to ten percent (10%) of all fees actually paid by clients referred to the attorney through LRS. This payment does not include filing fees, court costs or other expenses not paid to the attorney and does not apply to the first five hundred dollars ($500.00) received from a client. Payment is due to PCBA within fifteen (15) days of receipt of the funds from the client, regardless of whether the representation is ongoing. “Receipt of funds from the client” does not include money paid by the client into the attorney’s trust account but not yet earned by the attorney.

 

3.6 Attorney panelists may at any time temporarily or permanently withdraw their name from participation within a specific legal panel or the LRS program entirely upon notice provided to the LRS staff. No refund of the panelist membership fee will be provided, and the attorney shall remain liable for all percentage fees owed for the time the attorney participated in LRS.

 

3.7 All panel members will abide by the LRS Policy Standards and Rules, as well as the statements contained within the panelist’s application. Each LRS panel member agrees to adhere to the FOLLOWING PANELIST GUIDELINES:

 

1. I will grant a FREE initial consultation of up to one half hour with any client who has been referred to me through the LRS program.

 

2. I will grant all clients referred by LRS an appointment as soon as practicable after notice of referral is received from LRS staff.

 

3. I will not refuse or screen appropriately made referrals to avoid cases that appear less desirable or profitable. I understand that good cause must exist for refusal of the initial consultation. Good cause may include, among others, a conflict of interest, ethical reasons, the client's need for special services, and/or a lack of qualifications with respect to the client's specific case.

 

4. If I am unable to provide the initial LRS consultation, I will refer the client back to the LRS program. I will not refer an LRS client to another attorney or another member of my law firm (even if that person is also an LRS panelist).

 

5. I shall give my full attention during the consultation and shall treat the client in a professional and respectful manner.

 

6. Any charge for additional legal services beyond the free initial consultation will be as agreed upon with the client and discussed during the free initial LRS consultation. I will explicitly inform the LRS client at

which point the free consultation ends and service fees begin before any fees are charged to the client. A client will NOT pay more for my legal services because of my agreement with LRS. 

 

7. l understand that I have the right to refuse a case after the initial consultation. If I decide not to render additional services, I will advise the client and will refer the client back to the LRS Program. I will also inform the LRS program of this decision via the LRS portal on the PCBA website.

 

8. I will proceed with due diligence on and will not neglect any matter referred by LRS, including the completion of the Program's LRS Response forms within seven (7) days of the end of the client consultation.

 

1. I will contact the LRS program and provide notice of temporary or permanent removal from the service due to vacation leave, sickness, etc. I will further inform the LRS program of any changes in my selection of legal panels or changes to my contact information.

 

10. I will notify the LRS program of any changes to my status/standing with the State Bar of Arizona or to my professional liability insurance within fourteen (14) days.

 

11. I understand that the LRS program will conduct client satisfaction surveys that include questions about the services I have provided. I also understand that anonymity is a vital component of the survey process, and that I will receive survey results without identifiable client information.

 

50. I agree to fully cooperate with the LRS program in assessing any formal or informal complaints made against me by a client that the PCBA determines warrant further review or investigation.

 

1000. I will abide by all decisions of LRS staff, subject to approval by the PCBA Board of Directors, with regard to application procedures and continued eligibility as a panel member of LRS.

 

14. I agree to abide by all the LRS policies and to indemnify and hold harmless the Pima County Bar Association (PCBA) from any and all claims, demands, actions, liability, or loss which may arise from, or be incurred through, any negligence or conduct that causes damage to a client referred by LRS. I also waive any and all claims against PCBA for loss arising from LRS operations and policies.

 

3.8 A panel member shall be suspended from LRS if the member has done any of the following:

 

1. Willfully failed to pay LRS any fees due, timely submit reports due after reasonable notice, or otherwise failed to abide by LRS rules;

 

2. Signed an application or other certification or submitted a report to LRS which has been found to be knowingly untrue in any material respect;

 

3. Resigned or been disbarred from the practice of law in Arizona;

 

4. Consistently or excessively been unjustifiably unavailable to referred clients;

 

5. Failed to provide adequate proof of insurance; or

 

6. Been subject of client complaints that warrant suspension in the opinion of LRS staff (see Section V below)

 

4. QUALITY ASSURANCE PROCEDURES

 

The LRS program is a service to the public and functions to assure professional service and sensitivity to the concerns of both clients and attorneys. Feedback from both clients and attorney panelists is welcomed. Quality control of the LRS program is vested in the LRS staff, Executive Director of PCBA, and the PCBA Board of Directors.

 

THE CLIENTS: Feedback & Complaints

 

4.1 There are two ways by which the LRS program may receive feedback or complaints from clients: (a) LRS

Client Feedback Surveys (directed by the LRS program), and (b) Self-initiated Client feedback (directed by the client).

 

4.2 Responding to Client Complaints

 

Whether responding to complaints within the feedback survey or those initiated by the client, the LRS program will handle all client complaints in a courteous and responsible manner. The LRS staff and/or PCBA Executive Director will initially handle and attempt to informally resolve client complaints. LRS staff and the PCBA Executive Director will consult to determine whether suspension of the panel attorney or other action is appropriate based on the complaint.

 

The attorney will be notified within five (5) working days of the action and the reasons therefor. If the attorney disagrees with the decision, an appeal is available to the PCBA Board. Any attorney denied membership or suspended under is this section may apply to the LRS staff or Executive Director for membership or reinstatement upon evidence of fulfillment of any requirements set out by LRS staff in consultation with the Executive Director or the PCBA Board, as applicable.

 

4.3 If an attorney requests temporary or permanent suspension of selected legal panel areas or LRS membership, LRS staff will change the status accordingly.

 

4.4 No preferential treatment will be given to members of the PCBA Board of Directors who participate as LRS panelists. If the performance of a Board member is subject to review and potential panel suspension or removal, then that member must remove themselves from the decision-making responsibilities of the Board of Directors, if applicable.

 

5. PUBLICITY OF PROGRAM

 

5.1 The LRS Program will be publicized by such means and to such extent as may be determined by LRS staff.

 

5.2 No publicity about the service shall identify a particular lawyer participating in it. This, however. shall not prohibit a participating lawyer from acting as a spokesperson for the LRS program if so authorized by the PCBA.