If you would like to join our Lawyer
Referral Service, please download
the application as a .pdf file, print it out, and
return to the address on the application. A free .pdf
viewer is available here.
RULES OF THE LAWYER REFERRAL SERVICE
OF THE PALM BEACH COUNTY BAR ASSOCIATION
OBJECTIVES
The primary purpose of the Lawyer Referral
Service of the Palm Beach County Bar Association is to
provide a method whereby any person who can afford to
pay a reasonable fee for legal advice or representation,
and who does not have a lawyer, may be referred to a
member of the Service who is available to give a brief
consultation for a reasonable fee, and , where necessary,
to furnish additional legal services on a reasonable
fee basis. A further objective of the Service is to acquaint
lawyers with the fact that the needs of some clients
suggest the use of a deferred payment plan to fulfill
their obligation.
ARTICLE I
Organization of the Service
1. All members in good standing of the
Florida Bar for a minimum of one year and who are members
of either the Palm Beach County Bar Association or the
South Palm Beach County Bar Association, and who maintain
an office in Palm Beach County, are eligible for membership
in the Service.
2. A lawyer may apply for membership by
filing an application. Upon admission to membership,
the member agrees:
(a) to pay an annual non-refundable registration fee as set by the Board of
Directors.
(b) to pay an additional 10% of each fee over $100 received from matters referred
by the Service. All fees will be used to defray the costs of operation of the
Service.
(c) to personally grant an initial half-hour consultation to a client for no
charge, unless otherwise provided by law or the Rules of the Service. The attorney
must maintain an office; client interviews cannot be conducted in a home.
(d) to charge for further services only as agreed upon with the client in keeping
with the stated objectives of the Service and the client's ability to pay.
(e) to report promptly to the Service on forms to be furnished by the Service
the disposition or status of the referral as well as remitting the referral
fee to the Service. It is the attorney's responsibility to collect the referral
fee. If the attorney fails to collect the fee from the client, the attorney
is required to submit that fee to the service.
(f) to maintain, and continue to maintain, malpractice (E & O) insurance in
the minimum amount of $100,000, to furnish a copy of the declaration page of
the insurance policy or a certificate of the insurance to the Board and its
designated representative and to hold harmless the Palm Beach County Bar Association,
the Association's officers, directors and employees, harmless from any and
all claims and/or liability against it by a referred client for any reason
including without limitation on account of the member's alleged negligence
or mistake or any act of a claim of failure to supervise the attorney by the
Lawyer Referral Service.
(g) to accept referral in at least one (1) but not more than five (5) of the
areas of practice listed on the application.
ARTICLE II
Operation of the Service
1. The Service shall be staffed by one
or more personnel who shall be employees of the Palm
Beach County Bar Association and function under the supervision
of the Board of Directors of the Palm Beach County Bar
Association. One employee shall be the Executive Director
whose responsibility will be to administer the Service.
2. The staff shall maintain a separate
list of members for each area of practice specified in
Article I, paragraph 2(f). Prospective clients shall
be interviewed by telephone and if legal services are
requested, the staff shall refer the client to a member
on the appropriate list.
3. Assignment of referral clients shall
be by rotation from the appropriate list unless the client
shall decline to be referred to a particular member,
in which case, the client shall be referred to the next
member on such list. Any member passed over in this manner
shall remain in the same position on such list.
4. If the referrer ascertains that a person
being interviewed is presently represented by a lawyer
in the same matter, the member to whom the referral is
made shall be informed of the circumstances and shall
be governed by the Rules Regulating the Florida Bar.
5. The referrer shall give the client one
name of an attorney to schedule an appointment with a
member, and upon making such an appointment, the attorney
will collect the Referral Fee, as set by the Board of
Directors from time to time (presently $30) to be remitted
to the LRS for its operating expenses. If the Referral
Fee is not collected from the client, the attorney is
still responsible for remitting the Referral Fee to the
Service. The member receiving the referral shall
then go to the back of the list. However, if by reason
of the client's failure to keep the appointment or otherwise
consult the member, the member may so advise the referrer
and the member shall be returned to his or her position
on the list.
6. No referrals shall be made to a member
who fails to comply with any of the provisions of Article
III, Paragraph 2. The Lawyer Referral Staff shall notify
a member in writing of any non-compliance, specifically
describing the nature of such member's non-compliance
and, upon compliance as determined by the Admininstrator
or the Administrator's delegate, such member shall again
become entitled to receive referrals.
7. A member shall not refer an initial
consultation referred by the Service to another lawyer
who is not an LRS panel member. If for some reason, he
or she is not able to assist that client, the member
should refer the client back to the LRS for another referral.
However, a member may permit a law firm associate, partner
or professional association member to conduct the necessary
legal services under such member's guidance, if the assisting
lawyer is also a member of the Service and on the same
area of practice list.
8. Any client who is referred
to any attorney who is unable to represent that client
because of a conflict
of interest, or a referral in an area of law practice
with which that attorney is not familiar, or other similar
reason can be referred to a second attorney at no additional
charge. Any client who receives an appointment with one
attorney and requests a refund will be offered another
appointment. If the client does no want another appointment,
the client must address their complaint in writing to
the LRS who will make a decision as to whether or not
a refund will be granted.
9. If a Lawyer Referral
Service member leaves a firm and leaves the Lawyer Referral
cases
with
the firm after his/her departure, he/she will be responsible
for ensuring that the status of all cases is reported
to the Service and any fees due the Service are remitted
in a timely manner. Former panel members will continue
to receive the Outstanding Monthly Report and it will
be their responsibility to contact their former firm
and and ask them to report the status of the cases
to the Bar and send any fees due the Service.
ARTICLE III
Removal from the Service
1. No member of the Service shall be removed
from membership in the Service without having been afforded
notice and an opportunity to be heard by the Board and
an opportunity to show cause why such a member should
not be removed.
2. A majority of the Board may remove or
suspend a member from the Service for cause upon the
following grounds:
a. Failure to pay dues or remit the percentage fee referred to in Article I
(2)(b), or remit the referral fee referred to in Article II(5).
b. Consistent unavailability for any reason.
c. Consistent refusal to make or keep appointments with referred clients.
d. Failure to comply with the Rules of The Lawyer Service of the Palm Beach
County Bar Association.
e. Failure to meet the qualifications for membership in the Service.
f. Incompetence or malpractice.
g. Suspension or disbarment from The Florida Bar.
3. When probable cause has been found at
a local grievance committee level against an LRS member,
the Service shall be required by The Florida Bar to temporarily
suspend that member from receiving referrals until such
matter is resolved.
4. A member may at any time withdraw from
membership upon written notice to the Committee, but
a resigning member shall not be thereby relieved of obligation
in connection with any referred matter. A resigning member
shall not be entitled to a refund or any portion of the
membership fee.
ARTICLE IV
Acknowledgment and Report of Referrals
The panel member will complete and return
the referral fee and referral report, forwarded by the
Service, within two weeks after each referral. If the
panel member fails to collect the referral fee from the
client, that member is responsible for paying the referral
fee to the Service.
Rev. 12/01
