2007–2008 Lawyer Referral Service Profession Your Partner IN

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2007–2008 Lawyer Referral Service Profession Your Partner IN

Massachusetts Bar AssociationYour PartnerintheProfession2007–2008Lawyer Referral ServiceBenefits • Services • ApplicationBuild your client baseand expand your practice


Table of Contents (cont.)Ethics Opinion on Client Solicitation...............32Reduced Fee PanelClient Eligibility Income Range..................................................34Client Eligibility...........................................................................34Reminder.....................................................................................34Sample LRS Reduced-Fee Panel Financial Statement/Client Eligibility Form...........................................................35A Typical LRS CallClient Survey...............................................................................37Client Survey Form.....................................................................38Professional Programs and ServicesEthical Advice..............................................................................40Legal Fee Arbitration Board........................................................40Mentor Program..........................................................................40Community and Public Service ProgramsDial-A-Lawyer...............................................................................41Elder Law Education Program....................................................41Job Shadow Day..........................................................................41Mock Trial....................................................................................41Speakers Bureau.........................................................................42Special Programs.........................................................................42ResourcesClient-Service Pamphlets............................................................43MassLawHelp.com......................................................................43Pro Bono Opportunities Guide..................................................43Web Site.......................................................................................43Lawyer Referral Service Committeeand Staff......................................................44Certificate of Insurance Form..........................45Client Service Pamphlets Order Form..............46LRS Handbook 2007–2008


IntroductionThe Massachusetts Bar Association Lawyer Referral Service makesmore than 25,000 referrals each year to its 1,200 attorneys acrossthe state. That makes joining the LRS a sound choice for MBA members.Your participation helps the public, and, at the same time, offers you theopportunity to expand your client base. We invite you to invest in publicservice and your professional future by joining. Your membership willcontinue to March 31, 2008, but your expanded client base will continuefor years.To join the LRS, simply:• Complete the application form in the center of this handbook(remember you may choose up to 36 different areas of law inwhich to receive referrals, so carefully review the Defining YourLRS Listing section beginning on page 18);• Attach your check (made payable to the MBA/LRS) of either $100or $75;• Enclose a copy of the Certificate of Insurance from your currentprofessional liability insurance carrier naming the MBA/LRS ascertificate holder (see page 45 for requirements);• Sign, date and provide your BBO number on your LRSapplication; and• Return the form to: MBA/LRS, 20 West St., Boston, MA02111-1204.The staff and LRS Committee are committed to your success. Ourtrained staff representatives consider the caller’s legal need, geographicconvenience and financial situationin order to determine theappropriate referral. Referralsare evenly dispersed based onthe time of the last referral.If you have any questions,please feel free to contactthe LRS administrative officeat (617) 338-0556 or e-maillrs@massbar.org. LRS informationcan also be found onthe MBA Web sites MassBar.organd MassLawHelp.com. LRS Handbook 2007–2008


Statement of Standards and Ruleshe following rules were approved by the Executive ManagementT Board on June 15, 2005.I. Statement of Purpose(1.1) The purpose of the LRS is to:a. Provide a way in which any person may be referred to alawyer who is able to render and interested in renderingneeded legal services;b. Provide information about lawyers and the availability oflegal services that will aid in the selection of a lawyer;c. Inform the public when and where to seek legal services;andd. Provide general and legal information needed bythe public.II. Committee Supervision and Reporting(2.1) An LRS committee, hereinafter referred to as the “committee,”shall be charged with the supervision of the LRS as provided inthis Statement of Standards and Rules, with the exception ofthe setting of all fees associated with the participation in andadministration of the LRS that shall be set by the Budget andFinance Committee and the supervision of the MBA House ofDelegates and shall report at least annually to the House ofDelegates.(2.2) The committee shall be appointed by the president of theMBA and will operate pursuant to the specifications outlinedin the MBA Bylaws. A vice chairperson will be selected by thechairperson.(2.3) The committee shall meet at regular intervals during the yearto review overall policy matters and areas of LRS development.(2.4) The committee shall formulate and adopt all rules for theconduct and operation of the LRS, subject to approval of theExecutive Management Board.(2.5) The rules of the LRS shall allow the committee to provide forappeal of any actions taken by the committee.LRS Handbook 2007–2008


Statement of Standards and Rules (cont.)e. He or she will arbitrate any dispute about the amount of afee at the MBA Legal Fee Arbitration Board. In such a case,the arbitration will be binding on the attorney. If the attorneyrefuses to participate, an ex parte hearing shall be held at theFee Arbitration Board. If the client refuses to participate, theattorney may initiate such legal action as he or she deemsappropriate;f. He or she will carry minimum professional liability coverageof $250,000/$500,000. He or she will provide a Certificate ofInsurance with the MBA/LRS as the certificate holder. He orshe further agrees to notify the LRS immediately if the policyis terminated or coverage is reduced during the periodof LRS participation. He or she further agrees to carry therequired professional liability coverage if and when he or sheis no longer an LRS panel member but still has active casesthat were referred during their participation with the LRSprogram;g. He or she will grant all clients referred by the service anappointment as soon as practicable after request is made bythe client or LRS staff;h. He or she will abide by all the rules of the service, includingthose regarding fees set forth in Section V of the LRSStatement of Standards and Rules. He or she will herebywaive any and all claims against the MBA, the MBA’s LawyerReferral Service Committee and all subcommittees, MBAofficers, MBA members and MBA employees for any loss orliability arising out of a referral and/or handling of a referral.He or she also agrees to indemnify the MBA from any and allclaims, losses and liability, including attorney’s fees, arisingfrom his or her negligence in handling any referral made byor through the MBA’s Lawyer Referral Service;i. He or she will abide by all decisions of the committee withregard to application procedures and continued eligibility asa member of the LRS; andj. He or she will proceed with due diligence on referred clientmatters and will not neglect any matter referred by the LRS.(4.2) Regulations of panel membership.The committee will have the authority to examine a prospectivepanel member’s application to determine a panel member’scontinued eligibility and to adjust panel membership when nec-LRS Handbook 2007–2008 7


Statement of Standards and Rules (cont.)essary. The MBA Executive Director will have the right to temporarilysuspend, for a period of up to seven (7) business days,a panel member in cases of emergencies in order to protect thepublic and the MBA, followed by the review of the LRS Committee.The committee may suspend or remove a panel memberat any time for good cause as determined by a majority of thecommittee members. Good cause may include, but is not limitedto:a. Institution of criminal charges involving moral turpitude,theft, embezzlement or fraudulent appropriation ofproperty;b. Suspension, disbarment, ethical censure or disciplinaryaction by the Board of Bar Overseers or other disciplineauthority;c. Violation of the Massachusetts Rules of Professional Conduct(SJC Rule 3:07);d. Failure to obtain, maintain and report to the LRS legalmalpractice insurance described in 4.1(f);e. Failure to pay the annual dues;f. Failure to forward applicable fees owed the LRS;g. Failure to timely return reports to the LRS as required byRule 8.7(b);h. Failure to maintain the standards of eligibility, qualificationand compliances as set forth in the Statement of Standardsand Rules;i. Consistent or excessive complaints from referred persons;j. Refusal to arbitrate disputes over fees to referred clients; ork. Rejection without cause of an initial interview with a referredclient.(4.3) Denial or suspension of LRS membership.The staff will provide for the committee any and all informationregarding a current or prospective LRS member if there isa question or concern regarding their panel membership pursuantto Rule 4.2(a-k).The committee has the option of denying, suspending or limitinga current or prospective member’s membership. Limitationsmay include, but are not limited to, limiting the prospective orcurrent panel member’s chosen areas of practice, removing the LRS Handbook 2007–2008


Statement of Standards and Rules (cont.)area(s) of practice that caused a disciplinary action by the Boardof Bar Overseers, requiring the prospective or current panelmember to follow through with all sanctions by the Board of BarOverseers before the committee will entertain a decision regardingtheir LRS panel membership.If the committee determines that a prospective or current panelmember’s LRS membership should be denied, suspended orlimited pursuant to Rule 4.2(a-k), the following process shouldoccur:a. The committee shall convey their reasons for thesuspension, denial or limitation in writing to the attorney;b. Any attorney who has been denied membership in the LRSor has been suspended from the panel or limited from thepanel will be offered the opportunity to make a writtenor oral response at a regularly scheduled LRS committeemeeting. In the suspension decision, the LRS committee maydecide the time at which the panel member may re-apply;c. Dependent upon the sanction or infraction by theprospective or current panel member, the committee willhave the discretion to impose various types of limitation tothe prospective or current panel member;d. If the committee declines to grant panel membership orcontinues in its intention to suspend a panel member, thecommittee will provide the attorney with a written statementof its reasons within a reasonable amount of time; ande. Once a formal decision has been made by the committee,the committee will not entertain another review of aprospective or current panel member’s application unlessthere has been some change in the attorney’s circumstances.V. Fees Associated with Membership(5.1) Each panel member of the LRS will pay to the MBA nonrefundabledues in such amount as the Budget and FinanceCommittee may from time to time establish for each year ofhis or her membership. Any panel member who becomes 90days delinquent in the payment of the annual dues will besuspended from the panel, but may be reinstated if payment ismade within the current year. In addition, each panel memberwill make an additional fee remittance payment on all casesthat are fee generating (Reduced Fee Referrals are excludedper Rule 5.3 and Rule 12.2). This payment will be calculated byLRS Handbook 2007–2008


Statement of Standards and Rules (cont.)a percentage of the full collected net fee (i.e., after deductionof any unreimbursed expenses and disbursements). This feeremittance formula will be set and amended by the Budget andFinance Committee.(5.2) A client referred to an LRS panel member may not be chargeda fee for legal services in excess of the fees charged for similarwork done for the attorney’s other clients. The fees charged toa client referred by the LRS shall not be increased by reason ofthe obligation of the panel member to remit the fee specifiedin Rule 5.1 of the Statement of Standards and Rules.(5.3) Each member of the Reduced Fee Panel shall have the percentageremittance rule enumerated in paragraph (5.1) of the Statementof Standards and Rules waived for reduced fee cases, inconsideration of his or her participation on that panel.(5.4) The committee shall be empowered to hear any such requestsfrom an attorney that fees be reduced or waived in a particularmatter and may, for good cause, grant such request at itsdiscretion.VI. Withdrawal from Membership(6.1) A panel member may at any time withdraw his or her namefrom participation in the LRS upon five (5) days written noticeto the committee. In such circumstances the panel membermust discharge his or her obligations to those clients whohave previously been referred and must remit any fees due theLRS on previously referred cases. If after withdrawal there isan on-going matter, the attorney is still obligated to follow theStatement of Standards and Rules.VII. Operation of the Panel(7.1) Referrals will be made to members of the panel in rotation inthe county or other small geographic area closest to the client’shome or business or where requested by the client.(7.2) If the LRS ascertains that a person being interviewed iscurrently represented by a lawyer, no referral will be madeuntil he or she has satisfied the LRS that he or she has properlyterminated the retention of any such prior lawyer and the priorattorney-client relationship has ended.(7.3) A panel member shall accept any referral for initial interviewin the substantive areas chosen on the application except forcause. Cause may include ethical or personal reasons. If a10 LRS Handbook 2007–2008


Statement of Standards and Rules (cont.)member has cause to refuse the initial interview, he or she shall(a) advise the LRS that the referral has not been accepted and(b) advise the referred client to re-contact the LRS. The initialinterview, if appropriate, may be conducted by telephone.Nothing herein will be construed to obligate a panel member toaccept employment beyond the initial consultation.VIII. Referral Service Procedures(8.1) Procedures will be maintained to assure that each referral ismade in a fair and impartial manner to all panel members.Such procedures shall be designed so as to respond to allcircumstances of the client, including the subject of the legalproblem presented, geographical convenience of the client,language needs and ability to pay for desired services.(8.2) No referral shall be made on the basis of race, sex, age, religionor national origin or other discriminatory criteria.(8.3) Each client-caller shall be interviewed by a trained LRS staffrepresentative. The interview will be conducted by telephone.(8.4) The LRS staff representative shall ascertain whether the clientcallerhas a problem appropriate for a referral. If so, a referralshall be made. If the client-caller does not have a legal problem,the LRS staff representative shall attempt to direct the clientcallerto a source which can provide assistance, whether it bea human service, social service or other appropriate agency orresource.(8.5) Whenever feasible, the client-caller shall be informed of the LRSrules applicable to his or her case, including information about:a. The first consultation fee to be paid by the client-caller;b. The extent of legal services that will be rendered for sucha fee;c. The method of selecting a lawyer;d. The competency representation made by attorneys;e. The percentage fee remittance LRS is entitled to; andf. Contacting the LRS staff concerning any complaints againstthe lawyer.(8.6) If the panel lawyer decides that special services are requiredand he or she is not qualified to render such services, theclient should be so informed and provided the alternative ofcalling back the LRS for an additional lawyer, or with the client’sLRS Handbook 2007–2008


Statement of Standards and Rules (cont.)consent, accepting the referring lawyer’s recommendation ofa new lawyer. If the panel lawyer refers this case to anotherattorney, the panel lawyer must provide the LRS with thereferred attorney’s name and address, and inform the attorneyof his or her obligations to the LRS, including the obligationto carry malpractice insurance at the levels required underRule 4.1(f). The fee remittance due in such instances will bebased on the formula as set forth by the Budget and FinanceCommittee. These percentages apply to the full collected netfee (i.e., after deduction of any unreimbursed expenses anddisbursements) to whom the panel member referred the case.The panel member continues to be responsible, along withthe referred attorney, to ensure that the MBA LRS is paid theappropriate percentage of the full collected net fee.(8.7) The LRS should make regular and consistent attempts toobtain information that will enable the LRS to find out (a)whether the client contacted the lawyer’s office, (b) whetherthe referred client was satisfied with the lawyer’s handling ofthe case, (c) whether the fee was within the client’s means andsimilar information. This information will be obtained by thesending of 30-day notices, 90-day notices and client surveys.Information obtained by such follow-up procedures will beused to make such alterations in the operation of the LRS bythe committee from time to time. The LRS will keep recordsshowing:a. The number of client-callers interviewed who are notreferred to a lawyer;b. A panel member’s completion and return of referral reports,including initial 30 day and 90 day notice reports. Failureto return reports within the time specified by the LRS formwill justify the LRS in removing a panel member’s namefrom the panel; nothing herein will require an attorney toviolate the attorney-client privilege or any provision in theMassachusetts Rules of Professional Conduct (SJC Rule 3:07);c. The names and addresses of the client-callers referred to alawyer, in each such case:(1) the nature of the legal question involved,(2) the lawyer to whom referred,(3) the date when referred,(4) the date when initial 30-day referral notice was sent,12 LRS Handbook 2007–2008


Statement of Standards and Rules (cont.)X. Areas of Competency and Referral Panels(10.1) All LRS applicants shall indicate on the LRS application onlythose areas in which referrals are desired. An applicant mayonly list areas in which he or she is competent and eitherexperienced or trained.The Massachusetts Supreme Judicial Court Rule 3:07, MassachusettsRule of Professional Conduct 1.1 states that “a lawyer shallprovide competent representation to a client. Competent representationrequires the legal knowledge, skill, thoroughness, andpreparation reasonably necessary for the representation.” Thepanel member may select up to thirty-six (36) practice areas forreferrals from the Defining Your LRS Listing section on page 18.(10.2) The above listed substantive categories may be modified fromtime to time by the LRS staff.(10.3) The LRS shall establish such number and variety of panels asthe committee determines will best enable the LRS to makereferrals in a manner which is responsive to client-caller needs.(10.4) The LRS shall establish panels representing different fields oflaw. The committee may require special experience, educationor training for participation on such panels. If the committeeundertakes to evaluate this special experience, education ortraining, rather than rely on the lawyer’s affidavit of compliance,there shall be procedures for:a. Determining the qualifications for membership on the panel,which qualifications shall not be based solely upon years inpractice, but also upon experience and special education ortraining;b. Reviewing the qualifications of a member to remain on or tobe removed from the panel; andc. Appeals of decisions to deny registration on the panel or tosuspend or remove a member from the panel.(10.5) The LRS may establish other panels for special purposesincluding, but not limited to: (a) a reduced fee panel forreferral of persons in the lower income bracket; (b) a lawyerto-lawyerconsultation panel to facilitate referrals to a lawyerin the geographical vicinity of the person requesting thereferral, and accommodate non-English language requirements.Participation and recruitment efforts shall not be limited to orrestricted to LRS members in such panels. MBA membershipshall be required.14 LRS Handbook 2007–2008


Statement of Standards and Rules (cont.)XI. Client Fees(11.1) An LRS client-caller is entitled to one half-hour consultation ata reasonable fee to be set by the LRS committee. During thefirst half-hour the lawyer shall inform the client (if possible)of the extent of the attorney’s fees likely to be involved in thecase (including hourly rate, retainer fees and number of hoursto conclude the case). It is highly advisable that the attorneyexecute a written fee agreement with the client pursuant toMassachusetts Rule of Professional Conduct 1.5. Contingent feeagreements shall be in writing. Attorneys are encouraged to setan hourly rate commensurate with the client’s abilityto pay.XII. Reduced Fee Panel Guidelines Philosophyand PurposeThe primary users of lawyer referral services, both nationally and in Massachusetts,are the middle- to low-income groups commonly referred toas the “working poor.” By being “too rich” for free legal services and “toopoor” to afford normal legal fees, this group falls into the cracks of thelegal system. Various labels refer to this consumer group as people ofmoderate means, low income and marginally indigent.A clear need exists to provide the public with access to a lawyer whois responsive to a client’s income.One feature of the MBA LRS is the ability to respond to the needs ofthe public by providing access to lawyers at an affordable fee.(12.1) Membership on the Panel.Any lawyer who is a member of the LRS is eligible for membershipon the Reduced Fee Panel. Reduced fee referrals will bemade in those categories of law currently on the panel member’sapplication. If a matter is subject to a contingent fee agreement,it will be treated as a regular fee referral.(12.2) Waiver of Remittance Fee to LRS.LRS panel members who are members of the Reduced Fee Panelwill not be required to remit a fee remittance to the LRS for reducedfee cases.(12.3) Attorney Compensation.Attorney participants on the Reduced Fee Panel agree to chargea fee not to exceed $75 per hour, but it is expected that theattorney will base his or her fee on the client’s ability to pay, particularlywhere a $75 per hour fee is unreasonable. If the attorneyand client cannot work out an acceptable fee arrangement,LRS Handbook 2007–2008


Statement of Standards and Rules (cont.)there is no obligation on the part of either, and the client shallbe referred to the LRS.(12.4) Administration.Initial screening to determine a caller’s eligibility for a reducedfee referral will be done by the LRS staff representative. Thecaller will be asked:(1) what his or her total family gross income is, and(2) whether he or she would be interested in a reduced feereferral. The caller also will be informed that the referralattorney will make further inquiry as to the client’s incomeeligibility. The attorney shall not be required to acceptthe case if this inquiry reveals that a client is ineligible. Anattorney’s acceptance or non-acceptance of the reducedfee referral shall have no effect on the attorney’s regularreferrals.The committee may from time to time adjust both the hourly ratefee and client income eligibility to reflect economic and inflationary factors.Where a flat fee or retainer is charged in a reduced-fee referral, theattorney shall make every effort to adjust the fee to comport with theoverall objectives of the reduced hourly rate.(12.5) Client Eligibility.All attorneys participating in the panel will be furnished with afinancial statement form to assist them in determining a client’sfinancial status. Client eligibility shall be determined by a scheduleof income ranges to be provided to all reduced fee panelmembers. If the attorney should deem the client unqualified asa reduced-fee referral then the attorney should notify the LRSof the change in the client’s status and undertake the case as aregular fee referral.16 LRS Handbook 2007–2008


Defining Your LRS Listing (cont.)Areas of Practice CodesYou may select up to 36 areas of practice. Enter each on your applicationform. (*New listing.)Administrative (AD):ADAR Animal RightsMatters involving animal rightsADCUADFEADFLU.S. CustomsMatters involving the U.S. Customs officesFederal AgenciesBefore federal agencies – general mattersFirearms LicensingMatters regarding firearm licensureADMU MunicipalBefore or about city/town/village governmentADPUADRMADSAADSCPublic UtilitiesDept. of Public Utilities – all mattersRegistry/Motor VehiclesMatters before registry of motor vehiclesState AgenciesBefore state agencies – general mattersSchool CommitteesMatters before or about school committees*ADSD SSDIDisability Benefits*ADSIADSOADVBSSITitle II Social SecuritySex Offender Registry BoardMatters before the Sex Offender Registry BoardVeterans BenefitsDenial of veterans benefits/rightsAdmiralty (AL):ALCO CommercialAdmiralty/maritime commerce or businessALPIPersonal InjuryInjury to person involving ships/boatsAppeals (AP):APCI Civil AppealsPursuing appeals in civil mattersAPCRCriminal AppealsPursuing appeals in criminal matters18 LRS Handbook 2007–2008


Defining Your LRS Listing (cont.)Bankruptcy (BK):BKBU BusinessFinancial problems of businesses/tradesBKPE PersonalPersonal financial problems or debtsBusiness (BL):BLBK BankingRules/laws affecting banks and customersBLFL FranchisesBuying/selling business franchises or chainsBLGC General CounselGeneral counsel/representation of a businessBLHT High TechLegal issues in the high technology industryBLIP IncorporationFor profit incorporations/start-up businessesBLIT InternationalInternational trade/business/U.S. CustomsBLLI LitigationLaw suits involving business wrongs/injuriesBLNP Non-profitOrganizing/incorporating a non-profitBLPA PartnershipsForming/dissolving business partnershipsBLSA SalesProblems in sales transactions of goodsBLSB Small BusinessAffecting existing small businessesBLSC SecuritiesSecurities and commodities/corporate stocksBLTO Business TortsDamage to business caused by anotherCollections (CL):CLCR CreditorsAcquiring monies owed to a creditorCLDE DebtorsDefending collection actions/credit adviceCLDI DenialUnlawful/discriminatory denial of creditCLEL Education LoansRights/responsibilities re: educational loansLRS Handbook 2007–2008


Defining Your LRS Listing (cont.)Consumer (CS):CS93 Ch. 93AProtection of consumers under Chapter 93ACSITCSLLIdentity TheftLegal issues involved with identity theftLemon LawProtection of purchasers of old or new carsContracts (CN):CNDR DraftingWriting/reviewing/interpreting agreementsCNLTCNPBCNPCLitigationDisputes involving contractual rights/dutiesBidDisputes involving public bid lawPublicDisputes involving public contractsCriminal (CR):CRDC District CourtCriminal matters in District CourtCRGJCRJCCRPBCRPRCRSCCRTOGrand JuryRepresentation before the Grand JuryJuvenile CourtUnder eighteen and accused of a crimeParole BoardHearings/appeals re: paroles from prisonPrisonersRights of incarcerated personsSuperior CourtCriminal matters in Superior CourtTraffic OffenseDefense of minor traffic violationsDiscrimination (DI):DIAD AIDSDenial of rights due to AIDS/HIVDIAGDIEMDIHAAgeDenial of rights due to ageEmploymentWork-related discriminatory acts or omissionsDisabilityDenial of rights due to disability20 LRS Handbook 2007–2008


Defining Your LRS Listing (cont.)DIHODIREDIRGDISPDISXHousingDiscriminatory denial of housingRace/EthnicDenial of rights due to race/ethnicityReligionDenial of rights due to religionSex OrientationDenial of rights due to sexual orientationGenderDenial of rights due to genderEducation (EL):ELSE Special EducationSpecial needs children in education systemELSRStudentsDenial of rights to students by schoolsEntertainment (ET):ETFM Film/TVBusiness law of film/video/TV industry*ETMF Modeling and FashionMatters regarding the modeling and fashion industriesETMUETPUETSPETTHETVAMusicContracts/issues within the music industryPublishingMatters regarding published materialSportsRepresentation of sports figures/teamsTheaterAll matters re: theater or dance industryVisualMatters of painters/sculptors/craftsmenEnvironmental (EV):EVCN ConservationProblems with conserving natural resourcesEVHWEVWTWastesLaws regulating hazardous/toxic wasteWetlandsProtection of wetlands/preserves/swampsFamily (FL):FLAB AbusePhysical/sexual abuse in the familyLRS Handbook 2007–2008 21


Defining Your LRS Listing (cont.)FLADFLANFLCOFLCPFLCRFLDSFLGRFLITFLPAFLPLFLROFLSCFLSSAdoptionAdoption processAnte-nuptialContracts before marriage regarding assetsContemptsNon-compliance of court orderC & PCare and protection proceedingsChild’s rightsRepresenting children/advocating their rightsDivorceDivorce/separation and related mattersGrandparentsRights of grandparents in custody mattersInternationalFamily law matters outside of the U.S.PaternityDetermination of fatherhood and supportPalimonyDivision of unmarried persons’ propertyRestraining OrderObtain/enforce temporary restraining ordersSupport & CustodyModification of support and custody orderDSSChallenging DSS — not in C & P mattersImmigration (IM):IMDE DeportationDefense of deportation of immigrantIMLELegalizationLegalizing immigrant’s citizenshipIndividual Rights (IR):IRCD Commitment/DefenseMental health commitments or defensesIRCRIRDDIRFRCivil RightsProtection of state/federal constitutional rightsDevelopmental DisabilityProtection for developmental disabilitiesFirst AmendmentFreedom of speech/assembly22 LRS Handbook 2007–2008


Defining Your LRS Listing (cont.)IRINIRNCIRPOInformationSecuring/protecting information from governmentName ChangeChange of namePolice ConductRedress of improper conduct of police officerInsurance (IN):INAT AutoContested auto insurance claimsINDIINFIINHEINHOINLIDisabilityContested disability insurance claimsFireContested fire insurance claimsHealthContested health insurance claimsHomeContested homeowners insurance claimsLifeContested life insurance claimsIntellectual Property (IP):IPCO CopyrightsProtection of original works of art/writingIPLIIPPAIPPLIPSCIPTRLicensingProtection of invented or patented itemsPatentsSeeking patent for invention/design/processPatent LitigationDisputes re: unlawful use of patentsSoftwareCopyright protection of computer softwareTrademarkProtection of name/symbol/mark used in tradeLabor (LL):LLCO ContractsWriting or reviewing contracts of employmentLLCSLLERCivil ServiceClaims/denial of civil service mattersERISAEmployee Retirement Income Security ActLRS Handbook 2007–2008 23


Defining Your LRS Listing (cont.)LLETLLNULLPELLPLLLRRLLSXLLUCLLUNLLWBTerminationUnjust firing from work (non-union office)Non-unionRights of individuals in non-union settingPublic employeeEmployment issues for public employeesPensionsRights to employee pensionsRailroad RetirementRights under Federal Railroad Retirement ActHarassmentSexual harassment in the workplaceUnemployment CompensationUnemployment compensation/all mattersUnionRights of individuals in union settingWhistleblowerCases involving whistleblower issuesLandlord/Tenant (LT):LTLO LandlordRepresentation of landlords against tenantsLTTGLTTOTenant GroupsForming/representing groups of tenantsTenantRepresentation of tenants against landlordsMilitary (ML):MLAD PersonnelRights of military personnel and heirsMLHEHearingsMatters before a military tribunalProbate (PR):PRCO ConservatorProtecting the property of anotherPRELPREPPRGUPRITElderlyLaws/issues affecting the elderlyEstate planningDrafting wills/trusts/estate plansGuardianshipProtection of a personInternationalProbate outside of the United States24 LRS Handbook 2007–2008


Massachusetts Bar AssociationLawyer Referral ServiceNew Member ApplicationAttorney Case Assignment Criteria2007–2008Please fill out the form below, list your practice areas on page ii of thisapplication, review the Rules of the Lawyer Referral Service on page iii,and sign and date the application. Return this form, your payment andCertificate of Insurance to:Massachusetts Bar AssociationLawyer Referral Service20 West St., Boston, MA 02111-1204Questions? Call the MBA Lawyer Referral Service at (617) 338-0556 ore-mail lrs@massbar.org.Please print or type.MBA membership #:_ _________________________________Mr./Ms.:___________________________________________Firm:_____________________________________________Address:___________________________________________________________________________________________Firm size:__________________________________________County:_ __________________________________________Daytime phone:_____________________________________Fax number:________________________________________E-mail address:_ _____________________________________Year admitted to any bar:_ ______________________________*Insurance amount:___________________________________Expiration date:______________________________________Carrier:_ __________________________________________*Please submit a certificate of insurance.How did you learn about the LRS?_________________________________________________________________________æ If you do not wish to have information regarding your insuranceshared with the MBA Insurance Agency Inc., pleasecheck this box.LRS New Member Applicationi


Please check if you wish to receive:æ Reduced fee referrals in addition to your regular fee referralsæ Information about volunteer opportunities in your communityæ Information about the MBA Dial-A-Lawyer Programæ LRS calls forwarded to your office via file Call Transfer ProgramAcceptance of LRS Rules1. LRS Rules: I hereby acknowledge review of the LRS Statement ofStandards and Rules. I agree to comply with the rules and affirmthat the foregoing statements and information on file with the LRSare true and complete.2. Competence: I hereby certify that in accordance with Section Xof the LRS Statement of Standards and Rules, I am competent andeither experienced or trained in the referral areas selected at left. Ialso acknowledge that I am aware of the MBA’s Mentor Program forconferences with more experienced attorneys as needed.3. Insurance: I acknowledge that I am required to carry, andtherefore do carry, minimum professional liability coverage of$250,000/$500,000. A Certificate of Insurance is attachednaming the MBA/LRS as the certificate holder (see requestform on page 45). I further agree to notify the LRS immediately ifthis policy is terminated or coverage is reduced during the period ofLRS participation. I further agree to carry the required professionalliability coverage if and when I am no longer an LRS panel memberbut still have active cases that were referred during my participationwith the LRS program.4. Disciplinary Action: I acknowledge that I am a member in goodstanding of the bar, that I have never been disciplined publicly orprivately by the Board of Bar Overseers or any other disciplinaryauthority in this or any other jurisdiction, and that I have compliedwith the registration requirements of the Board of Bar Overseers.If there has been any such discipline, check box, brieflyexplain in a separate letter, and include the Board of BarOverseers Summary of Complaint. æ5. Fees: I am aware that the LRS strongly encourages the use ofwritten fee agreements. For MBA written fee agreement orderforms, please see page 31. (Please see Rule 4.1(e) regardingresolution of fee disputes.)6. Dues: I have remitted my annual nonrefundable LRS dues. (Thedues are assessed at $100 if admitted more than five years or $75if five years or less.) I am aware that renewal dues are assessed atthe beginning of each fiscal year (April 1–March 31) and are notprorated.LRS New Member Applicationiii


7. Referral Fee: I acknowledge an obligation to contribute to theLRS 15 percent of the full collected net fee (i.e., after deduction ofany unreimbursed expenses and disbursements). There is no feecontribution required when the referral is on a reduced fee basis.8. Reporting: I acknowledge that I must return 30-day and finalreports on all referred matters. Referral fees may be returned as thefee is collected but no later than the return of the final notice.9. Indemnification: I hereby waive any and all claims against theMassachusetts Bar Association, the Massachusetts Bar Association’sLawyer Referral Service Committee and all subcommittees,Massachusetts Bar Association officers, Massachusetts BarAssociation members and Massachusetts Bar Association employees(hereinafter referred to as “MBA”) for any loss or liability arisingout of a referral to me and/or my handling of a referral. I also agreeto indemnify the MBA from any and all claims, losses and liability,including attorney’s fees arising from my negligence in handling anyreferral made by or through the MBA’s Lawyer Referral Service.WaiverI hereby authorize the Board of Bar Overseers (BBO) to release anyand all information to the Lawyer Referral Service regarding any disciplinaryproceedings that have been commenced against me bythe Board of Bar Overseers within the past five years. This does notinclude complaints that have not resulted in the commencement ofdisciplinary proceedings. I understand that applicants who have beendisciplined within the past five years and not reviewed by the LawyerReferral Service Committee will not be accepted until after asatisfactory review by the Committee. Current panelists who are disciplinedwill be suspended until after a favorable review by the LawyerReferral Service Committee.I have read and will comply with the above rules. Subscribed andsworn under the penalties of law.Read and signed sDate sPlease print name sBBO# sivLRS New Member Application


Defining Your LRS Listing (cont.)PRLTPRMCPRMDPRMHPRMLPRPAPRPXPRWTLong-termPlanning for long-term care/treatmentMedicareBenefits/denial of MedicareMedicaidBenefits/denial of MedicaidMental HealthMatters re: mentally ill or disabledMedical TreatmentLegal issues re: medical treatment/consentAdministrationAdmin. the estate of a deceased personHealthcare ProxyDrafting healthcare proxyLitigationContesting/defending wills and/or trustsReal Estate (RE):RECC CommercialTransaction involving business offices/landRECNRECOREEDRELCRELTRELUREMFRERCRETEREZOConstructionInvolving new construction/developersCondominiumBuying/selling/disputes re: residential condominiumsEminent DomainTaking of private property by governmentLand CourtRegistration of land with Land CourtLitigationReal estate ownership/possession disputesLand Use LitigationUse or zoning of real propertyMortgagesTo acquire mortgage or prevent foreclosureResidentialBuying/selling of residential propertyTitle ExamsExamination of titles to real estateZoningLimitation on land use/building codesLRS Handbook 2007–2008 25


Defining Your LRS Listing (cont.)Tax (TX):TXBU BusinessTax matters of businessesTXESTXLITXPETXTEEstatesTax on the estate of a deceased personLiensClaims against property for payment of taxesPersonalTax matters of individuals/familiesTax ExemptExemption from taxes by non-profitTorts (TO):TOAA AircraftInjuries/damages caused by aircraftTOABTOASTOATTOBITOCNTOCSTODFAssaultsInjuries/damages caused by illegal touching/threatsAsbestosInjuries/damages caused by exposure to asbestosAutomobileInjuries/damages caused by auto accidentsBreast ImplantsInjuries/damages caused by breast implantsConstructionInjuries/damages sustained at a construction siteChemical SensitivityInjury due to exposure to chemicalsDefamationDamages due to libel or slander by anotherTODM Dental MalpracticeInjuries/damages caused by dentist or staffTOFITOGLFiresInjuries/damages caused by a fireLiabilityGeneral liability issues*TOHA HarassmentGeneral harassment issuesTOINTOIPIncestInjuries caused by incest/sexual abuseInvasion of PrivacyInvasion of one’s privacy by another26 LRS Handbook 2007–2008


Defining Your LRS Listing (cont.)TOLMTOLPLegal MalpracticeInjuries/damages caused by lawyer or staffLead PaintInjuries/damages caused by exposure to lead paintTOMM Medical MalpracticeInjuries/damages caused by doctor/hospital/staffTONH Nursing HomeInjury caused by neglect or abuse in a nursing homeTOPDTOPITOPLTOPMTOPSTOSATOVMPropertyRecovery/defense of property damagesPersonal InjuryRecovery/defense of personal injury claimsProductsInjuries/damages caused by productsPsychiatricInjuries/damages caused by psychiatrist or staffPremiseInjuries/damages at a dwelling/recoverySexual AssaultRecovery/defense from sexual assaults/rapesVeterinary MalpracticeInjuries/damages caused by veterinarian or staffTOWD Wrongful deathDeath caused by wrongful act of anotherTransportation (TR):TRAV AviationAir traffic/pilot license/commercial carriersTRICTRMCTRSHInterstate CommerceCommerce between/among state boundariesCommercial MotorMatters re: commercial motor transportationShippersCommercial shipping via land/waterwaysWorkers’ Compensation (WC):WCFE FederalFederal employee workers compensationWCLAFELAFederal Employer Liability Act*WCLH Longshore and HarborworkersLongshore and Harborworkers workers’ compensationLRS Handbook 2007–2008 27


ALAKAZARCACOCTDEDCFLGAHIIDILINIAKSKYLAMEMDMIMNMSMIDefining Your LRS Listing (cont.)WCMU MunicipalCity/town employee workers compensationWCOM Workers CompensationWork related injuries/recovery or defenseWCSLStateState employee workers compensationState Codes(choose up to 4)AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDist. of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMichiganMinnesotaMississippiMissouriMTNENVNHNJNXNYNCNDOHOKORPARISCSDTNTXUTVTVAWAWVWIWYMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyoming28 LRS Handbook 2007–2008


Defining Your LRS Listing (cont.)Language Codes(choose up to 4)ARAB ArabicARME ArmenianBURM BurmeseCANT CantoneseCHIN ChineseCREO CreoleFINN FinnishFREN FrenchGERM GermanGREE GreekHEBR HebrewITAL ItalianJAPA JapaneseKORE KoreanLATV LatvianLITH LithuanianMAND MandarinNORW NorwegianPOLI PolishPORT PortugueseRUSS RussianSIGN SignSPAN SpanishTHAI ThaiVIET VietnameseYIDD YiddishCourt/Agency Codes(choose up to 4 from entire list)State Court CodesMDC Massachusetts District CourtMSR Massachusetts Superior CourtMJC Massachusetts Juvenile CourtMHC Massachusetts Housing CourtMPF Massachusetts Probate & Family CourtMLD Massachusetts Land CourtMCT Massachusetts Appeals CourtSJC Massachusetts Supreme Judicial CourtFederal Court CodesBKC U.S. Bankruptcy CourtFAP U.S. Court of Appeals – 1st CircuitFDT U.S. District Court for the District of Mass.FPT U.S. Patent CourtFTX U.S. Tax CourtSCT U.S. Supreme CourtLRS Handbook 2007–2008 29


Defining Your LRS Listing (cont.)State Agency CodesBBO Board of Bar OverseersDYS Department of Youth ServicesINS Division of InsuranceMCF Massachusetts State Correctional FacilitiesMCD Massachusetts Commission Against DiscriminationMEN Massachusetts Dept. of Environmental ProtectionMIA Massachusetts Industrial Accident BoardMLC Massachusetts Licensing BoardsMLF Massachusetts Labor Relations BoardMRV Massachusetts Department of RevenueFederal Agency CodesICC Interstate Commerce CommissionIRA Internal Revenue Service AppealsNLB National Labor Relations BoardSEC Securities Exchange CommissionMiscellaneous CodesAFL Arbitration – Family LawALL Arbitration – Labor/EmploymentFAB Fee Arbitration Board (MBA)IND Native American Indian CourtZON Zoning Board of Appeals30 LRS Handbook 2007–2008


Client FeesUnder your agreement with the LRS, you may charge no more than $25for an initial half-hour consultation. Written fee agreements are highlyrecommended and in some cases are required by the MassachusettsRules of Professional Conduct (SJC Rule 3:07). Model fee agreements areavailable free in the members-only section of the MBA Web site (MassBar.org) or by calling The Legal Fee Arbitration Board at (617) 338-0552.Fee Remittance GuidelinesPursuant to Rule 5.1 of the LRS Statement of Standards and Rules, feeremittances are required of all LRS attorneys who collect fees on anynon-reduced fee LRS cases. Remittances should be calculated based onthe referral date and corresponding formula.As the LRS program has grown and developed over the years, severalchanges have been made to the fee-remittance structure. Fee-remittancecalculations will depend on the LRS policy in effect at the time the casewas referred to your office. To calculate the correct fee remittance, determinewhen the case was referred and use the chart below. If you havequestions, please call the LRS at (617) 338-0556.Case referred:April 1, 1986 toAug. 31, 1993Sept. 1, 1993 toMarch 31, 2000April 1, 2000 toMarch 31, 2001March 12, 2001to presentClient Fees andFee Remittance GuidelinesYou pay:10 percent of each net fee (i.e., after deductionof any unreimbursed expenses and disbursements)over $100 up to $3,000 plus 15 percent ofthe portion of the fee that exceeds $3,00010 percent of each net fee (i.e., afterdeduction of any unreimbursed expenses anddisbursements) $3,000 plus 15 percent of theportion of the fee that exceeds $3,00015 percent of each net fee (i.e., after deductionof any unreimbursed expenses anddisbursements)15 percent of the full collected net feeBLGC and Fee RemittancesA fee remittance is due on all business-related work done for clients referredunder the Business General Counsel category. Please be advisedthat the LRS committee deemed there be no time limit on the representationof BLGC clients, thus a remittance will be due on all work for aslong as the Business Law/General Counsel relationship exists.LRS Handbook 2007–2008 31


Ethics Opinion on Client SoliciationThe MBA Committee on Professional Ethics renders confidentialadvice to members of the Massachusetts bar who find themselvesfacing ethical dilemmas. Occasionally, the advice rendered is of broadenough applicability to the bar at large that the committee publishes it asa formal opinion. The committee’s opinion regarding contact with LRSclients is given below.Ethics Opinion No. 81-6Summary: An attorney is a member of the LRS (Lawyer Referral Service)of the MBA and receives a form indicating that a person has beenreferred to him for a legal consultation involving one of 24 substantivelaw areas. Even though a reasonable period of time to enable the inquirerto contact the attorney may have elapsed, the attorney is prohibitedby DR 2-103 from telephoning or writing the person to find out whetherhe is still interested in receiving legal advice for the question for whichthe person initially contacted LRS. Such an inquiry may, however, bemade by the LRS.Facts: The MBA advertises a Lawyer Referral Service for personsseeking legal advice. The LRS staff undertake a threshold intake screeningof persons telephoning the MBA to determine if a problem warrantsa referral to an attorney. If the problem is not a legal one but does requirethe assistance of another entity or agency, such as the Divisionof Insurance or the Department of Mental Health, then the inquirer isreferred to the relevant agency. If a legal question is involved, the LRSintake person determines which of 24 substantive areas of law are applicableand then assigns the person to the next attorney on the list inthe relevant substantive area, unless the inquirer desires an attorney ina specific geographic area. (Attorneys participating in the LRS designatethose areas in which they are competent.) A two-part notice of referralform, which contains a space for the telephone number of the inquirer,is completed, and the form is sent to the attorney to whom the inquirerwas referred. The caller’s telephone number is not required as a matterof course, and the office policy is not to request a telephone number inany domestic relations matter.Forty percent of the prospective clients referred to LRS attorneysare considered “no shows.” The LRS asks whether an attorney who isa member of the MBA’s LRS may contact by telephone a prospectiveclient referred to him or her by the staff of LRS after receiving notice ofthe client’s name on the LRS referral slip and after a reasonable periodof time elapses with no contact from the prospective client. We assumethat the only purpose of contacting the prospective client is to inquire32 LRS Handbook 2007–2008


Ethics Opinion on Client Solicitation (cont.)whether the person still seeks legal advice for the problem he initiallydiscussed with the LRS staff.Discussion: There are ethical considerations which point to theobligations of lawyers to make legal services available to persons of limitededucation or means and persons who have little or no contact withlawyers. See EC 2-7. In addition, EC 2-15 states that:Use of a lawyer referral system enables a layman to avoid anuninformed selection of a lawyer because such a system makespossible the employment of competent lawyers who have indicatedan interest in the subject matter involved. Lawyers shouldsupport the principle of lawyer referral systems and should encouragethe evolution of other ethical plans which aid in theselection of qualified counsel.On the other hand, DR 2-103 provides in pertinent part:Recommendation or Solicitation of Professional Employment:A lawyer shall not, by direct mail or other form ofpersonal contact, recommend employment, as a private practitionerfor a fee, of himself, his partner, or associate to a nonlawyerwho has not sought his advice regarding employment ofa lawyer .... This Disciplinary Rule does not prohibit a lawyer orhis partner or associate or any other lawyer affiliated with him orhis firm from requesting referrals from a lawyer referral serviceoperated, sponsored or approved by a bar association or fromcooperating with any other qualified legal assistance organization.A person contacting the LRS with a legal problem clearly has notsought the advice of a particular lawyer. The purpose of DR 2-103 is toprohibit solicitation of employment by the attorney of the client, unlessthe attorney has been first contacted by the client. An inquiry by thelawyer, whether by telephone or by mail about why he or she has notheard from the prospective client seems to us to fall within the purposeof the prohibition. If there is some worry about possible misunderstandingby the client about how to reach the lawyer, then the inquiry shouldcome from the LRS and not the lawyer, provided that the LRS wishes toundertake that additional burden.Permission to publish granted by the Board of Delegates onApril 14, 1981. As stated in the Rules of the Committee on ProfessionalEthics, this advice is that of a committee without official governmentalstatus.LRS Handbook 2007–2008


Reduced Fee PanelFor information on Client Eligibility Income Guidelines,contact the Lawyer Referral Service at lrs@massbar.org.34 LRS Handbook 2007–2008


A Typical LRS CallThe LRS staff knows how valuable a quality referral is to you,so each caller must answer certain questions before a referralis made.1. Staff representatives begin by asking callers if they are interestedin hiring an attorney. (This is so callers realize that the serviceswill not be free.)2. If so, callers are asked to briefly explain their problem. If theyindicate that: they are calling for someone else, they have a smallclaims matter, they are seeking a second opinion or they arelooking for free legal services, they will not be referred to an LRSpanel member.3. Once it is determined that callers are eligible for referrals, theirnames, addresses, legal dilemmas and geographic preferencesare entered into the computer. The computer then selects theLRS attorneys who meet the requested criteria and are due thenext referral.4. Callers are informed that they are entitled to a half-hourconsultation for no more than $25 and that any fees after thefirst half-hour will be set by the attorney.5. No more than three referrals will be made per case matter.The LRS does not have attorneys answering the phones and doesnot give legal advice.Client SurveyA sample of the survey may be found on pages 38-39. It asks the caller tocomment on the performance of the LRS and the referred attorney. Thecompleted survey is recorded for statistical purposes and maintained forreference use. (Surveys are not sent to callers with domestic relationsmatters.)LRS Handbook 2007–2008 37


A Typical LRS Call (cont.)Sample Client Survey FormThank you for using the Massachusetts Bar Association’s Lawyer ReferralService. Our records indicate you were referred to:Attorney’s Name sTelephone sDate of Referral sWe are committed to finding new ways to help serve the commonwealthand to improve our service. Please take a few moments to fillout this survey regarding both the Lawyer Referral Service staff and thereferred lawyer. Your comments will be passed along to the Director ofthe Lawyer Referral Service, and, if appropriate, to the lawyer to whomyou were referred in order to improve the quality of our service. Pleasecheck off the box below if you agree to have your comments sent to thereferred attorney.1. Please rate the Lawyer Referral representative who provided youwith the referral (refer to the following key):Excellent 1Good 2Fair 3Poor 4The representative was courteousThe representative explained the service clearlyThe representative referred me to a lawyerwith appropriate experienceOverall rating2. Did you, or will you, hire the lawyer for additional services?æ yes æ no æ unsure____________________________3. If you did not consult with the lawyer, please check the appropriatebox:æ I changed my mind.æ I found a lawyer another way.æ The lawyer you referred me to did not return my calls.æ The lawyer you referred me to did not want to take my case.38 LRS Handbook 2007–2008


A Typical LRS Call (cont.)æ The lawyer you referred me to was not familiar with the area oflaw that applied to my problem.æ The lawyer you referred me to referred me to another lawyer.æ The problem was resolved another way.æ The lawyer and I could not agree on a fee arrangement.æ Other (please explain on back).New Lawyer’s Name sAddress sCity s State s Zip sPhone Number s4. If hired, what was the fee arrangement and total fees paid to thereferred attorney?æ Contingencyæ Hourly Rateæ Flat Feeæ Otheræ The lawyer did not discuss fees with me.______%$_______$_______$_______5. If you have any comments about the Lawyer Referral Service or thelawyer to whom you were referred, please note them below (usethe back, if necessary.)_____________________________________________________________________________________________________________________________________________6. I give permission to the LRS to forward my comments to thereferred attorney.æ yesæ noThank you for your assistance.Please return this form in the enclosed envelope.LRS Handbook 2007–2008


Professional Programs and ServicesEthical AdviceThe MBA Committee on Professional Ethics will, at no charge, confidentiallyadvise you on ethical problems encountered in your practice.Committee opinions are based on interpretations of law. Hypotheticalmatters or matters that involve another lawyer’s conduct or are before acourt or tribunal will not be reviewed. All requests for advice, includingrapid (emergency) advice, should be in writing and mailed to: Committeeon Professional Ethics, Massachusetts Bar Association, 20 West St.,Boston, MA 02111-1204. They also may be faxed to (617) 338-0636 orsent by e-mail ethics@massbar.org.The MBA published the Opinions of the Committee on ProfessionalEthics. For more information, call the Member Service Centerat (617) 338-0530, toll-free in-state (outside 617) at (877) 676-6500, TTY(617) 338-0587, or e-mail membership@massbar.org.Legal Fee Arbitration BoardThrough arbitration, the Legal Fee Arbitration Board (FAB) resolves feedisputes. FAB accepts both lawyer/client disputes and lawyer/lawyer disputes.The arbitrators are volunteer attorneys and non-attorneys whoare trained in accordance with standards set forth by the MBA. Bindingdecisions are rendered as awards and the proceedings are conductedpursuant to M.G.L. c. 251. For information on the Legal Fee ArbitrationBoard, call (617) 338-0552 or e-mail fab@massbar.org.Mentor ProgramMentors are MBA members who volunteer to help other lawyers handleareas of law they have not previously faced. In addition, the MBA arrangesMentor Roundtables several times each year, which bring mentorsand mentees with similar areas of practice together, providing a great forumfor learning and networking. For information on becoming a mentor,for a schedule of upcoming Mentor Roundtables — or for a referralto a mentor — call (617) 338-0691 or e-mail mentor@massbar.org.40 LRS Handbook 2007–2008


Community andPublic Service ProgramsDial-A-LawyerOn the first Wednesday of each month, attorneys gather at the MBA’sBoston headquarters from 5:30-7:30 p.m. to provide the public withfree basic legal information by telephone. Questions cover a widerange of legal topics. To volunteer, call (617) 338-0556 or e-maillrs@massbar.org.The program also is offered twice a year to residents of westernMassachusetts. If you are interested in participating in the westernMassachusetts program, call (413) 731-5134 or e-mail westernoffice@massbar.org.Elder Law Education ProgramDuring May, in celebration of Law Day, many MBA members throughoutthe state volunteer to speak at their local senior center or councilon aging on various elder-law subjects. Topics range from basicelder legal issues to more substantive areas. To participate, please call(617) 338-0695 or e-mail communityservices@massbar.org.Job Shadow DayWould you like to help students broaden their understanding of the law,introduce them to the variety of careers available in the legal field andfoster their respect for the legal system? If so, please consider participatingin Job Shadow Day by volunteering to have a young person “shadow”you for one day as you work in the office, go to court, talk with colleaguesand more. Job Shadow Day is a fun way to shed light on the legalworld. To volunteer, call (617) 338-0695 or e-mail communityservices@massbar.org.Mock TrialEvery year, members of the MBA sign up to serve as coaches and judgesfor the Mock Trial Program. Thousands of high school students acrossthe commonwealth take part, benefiting from a rich curriculum thatpromotes the development of fundamental knowledge, sound judgmentand critical thinking skills as they prepare for a hypothetical case andthen test their skills as lawyers and witnesses in a simulated courtroomsituation.You can judge an individual trial by volunteering as little as 2½ hoursof your time, or share your skills and experience as an attorney-coachfor a specific school. If you are interested in working with young people,this is a great opportunity. For more information, call (617) 338-0570 ore-mail mocktrial@massbar.org.The MBA’s Mock Trial program is generously sponsored by thelaw firm Brown Rudnick Berlack & Israels, LLP and supported by theMassachusetts Bar Foundation.LRS Handbook 2007–2008 41


Community and Public Service Programs (cont.)Speakers BureauThe MBA’s Speakers Bureau is a great opportunity to share your expertisewith local, civic, business, educational and social organizations.Presentations are provided free to the public. All areas of practice arein demand. If you are interested in volunteering your time, please call(617) 338-0571 or e-mail communityservices@massbar.org.Special ProgramsIn addition to its regular community-service programs, the MBA frequentlyoffers special programs that are initiated at the request ofthe association’s President and Officers. Recent examples include:• Conversations on Law and Liberty in Times of Crisis —Developed by the American Bar Association in response to theterrorist attacks on Sept. 11, 2001, and adapted by the MBA’sPresidential Task Force on the Preservation of Rights, Libertiesand Access to Justice, Conversations engaged high schoolstudents in discussions on topics related to terrorism and civilliberties. Conversations has been presented in more than 100high schools throughout the commonwealth.• Brown v. Board of Education — In May 2004, the MBAdemonstrated its support of Law Day and the 50th anniversary ofthe United States Supreme Court’s land mark decision in Brownv. Board of Education of Topeka, Kansas by offering a specialseries of Conversations programs that examined how policydecisions and individual choices may affect our lives and thoseof succeeding generations.• Know Your Rights in the Workplace — The MBA and its Laborand Employment Section Council developed Know Your Rightsin the Workplace, a program that sent attorneys to high schoolsacross the commonwealth to educate students on their rights asemployees. These presentations incorporated information onanti-discrimination and harassment laws, minimum wage andovertime laws and child labor lawsMBA members are frequently needed as facilitators for programssuch as these. For more information, call (617) 338-0695 or e-mailcommunityservices@massbar.org.42 LRS Handbook 2007–2008


ResourcesClient-Service PamphletsThe MBA publishes a variety of informational pamphlets that can helpyour clients understand the basic facts surrounding many common legalissues, such as buying a house or drafting a will. Displayed in your officereception area, the pamphlets are a great enhancement to communicationand client service. Please consider volunteering to update a pamphletif you aware of any recent changes in the law. Call (617) 338-0695or e-mail communityservices@massbar.org.To purchase pamphlets in bulk for a nominal fee, call MBA MemberServices at (617) 338-0530 or toll-free at (877) 676-6500 or e-mail membership@massbar.org.MassLawHelp.comA Web site developed specifically for the general public, MassLawHelp.com offers information on legal resources, court systems and ways tofind legal assistance, including the MBA’s Lawyer Referral Service.Pro Bono Opportunities GuideThe Pro Bono Opportunities Guide is a comprehensive online listingof agencies across the state that are in need of pro bono assistancefrom attorneys, law students or paralegals. The guide isavailable at www.MassBar.org/probono. If you are interested in volunteeringyour time and expertise, please call (617) 338-0695 or e-mailcommunityservices@massbar.org.Web Sitewww.MassBar.orgOn our award-winning members-only Web site, you can read nearly 200MBA ethics opinions, search the Rules of Professional Conduct, readbreaking legal news and MBA news, register for CLE programs, buy MBApublications, download model forms for your law office, link to a vast arrayof law-related sites, exchange ideas with colleagues online using oure-Groups lists, and much more. Be sure to use the Casemaker OnlineLaw Library, available free, 24-hours-a-day as an exclusive benefit of yourMBA membership.LRS Handbook 2007–2008 43


Lawyer Referral Service CommitteeDavid H. Burstein, Springfield, chairmanClaude Lavallee, LexingtonBeth R. Levenson, MansfieldRobert F. Lucas, MBA treasurerThomas A. Manning, WorcesterPeter D. McDermott, BostonLucy E. Reyes, BostonGregory P. White, South WeymouthKimberly E. Winter, WestonEdward Woll Jr., BostonLRS StaffElizabeth O’Neil, director (617) 338-0560Claudia Staten, manager (617) 338-0564Lawyer Referral E-mail Addresslrs@massbar.orgLRS Administrative Office(617) 338-0556The Lawyer Referral Service Committee is the standing committee ofthe Massachusetts Bar Association that supervises the LRS. The committeereviews overall policy matters and areas of development; formulatesand adopts all rules for the conduct and operation of the LRS; decideswhether an attorney who has received disciplinary action is eligible forthe LRS; and votes on other matters affecting the quality of legal services.All members of the committee are appointed by the MBA president.For more information about this committee, see page 5, Committee Supervisionand Reporting.44 LRS Handbook 2007–2008


Certificate of Insurance RequirementThe LRS requires a Certificate of Insurance issued to the MBA/LRSas certificate holder, as proof of malpractice coverage for participationin the LRS program. You will need to request a Certificate of Insurancefrom your insurance agent/carrier to renew and acquire membershipin the LRS. We no longer accept binders or policy declaration pages.Please note that the LRS no longer requires proof of insurance at thetime of renewal. The LRS now requires that all panel members provideproof of insurance before the current policy expires.Requesting a Certificate of Insurance from your agent/carrier shouldbe easier than obtaining a copy of your policy declaration page. Normally,your policy declaration page does not become available until the entireinsurance policy is compiled. This can take weeks or even a monthafter you have paid and your policy has become effective. A Certificateof Insurance is an independent document produced by your insuranceagent/carrier which is issued as a matter of information to the MBA/LRSindicating that you do have coverage with them, the issue and expirationdates of the coverage and the amounts held. Your insurance agent/carrierwill endeavor to notify the MBA/LRS within a set number of daysif your policy is cancelled prior to the expiration date. Send the formbelow to your agent/carrier when requesting a Certificate of Insuranceto assist your agent/carrier in completing this process.2007-2008 LRS Membership RenewalRequest for Certificate of InsuranceTO:_____________________________ (Your Agent/Carrier Name)DATE:_ ____________________________________________FROM:_______________________________(Your Name/Insured)RE: Certificate of Insurance for Policy #_______________________Dear:_______________________________ (Agent/Carrier Name)Please issue a Certificate of Insurance to the Massachusetts Bar AssociationLawyer Referral Service, 20 West St., Boston, MA 02111-1204, as CertificateHolder. Professional Malpractice Insurance (and proof of such via a Certificateof Insurance) is a requirement of my membership in the MBA LRS.The Certificate of Insurance must have the following items: 1) professionalliability insurance wording located in the “Other” section of the certificate;2) an original or stamped signature on the lower right corner under “AuthorizedRepresentative”; 3) minimum professional liability coverage of$250,000/$500,000; 4) inception and expiration dates appropriate for timeof renewal and application; and “MBA LRS” with full address listed in thecertificate holder box located in left-hand corner on certificate. Please faxthe Certificate of Insurance to the MBA LRS at (617) 338-0503.Thank you for your immediate assistance.LRS Handbook 2007–2008 45


Client Service Pamphlets Order FormThese pamphlets are availale at a nominal cost to cover printing.Pamphlets are available at $35 per 100 pamphlets for MBA membersand nonprofit/government entities. Please note that you may mixtitles in quantities of 25 or more only.c Buying and Selling a House (PHHOU)c Have You Made a Will? (PHWIL)QTY._ ________QTY__________c Living Wills and Health Care Proxies (PHCAR) QTY._ ________c Mediation and Divorce (PHMED)c Parenting Leave Issuesin the Workplace (PHWOR)c Protecting Your Privacy (PHPRI)c What is a Guardianand Conservator? (PHGUA)c What is Probate? (PHPRO)c What You Should Know AboutAttorney’s Fees (PHFEE)c Will a Trust Help You? (PHTRU)QTY._ ________QTY._ ________QTY._ ________QTY._ ________QTY._ ________QTY._ ________QTY._ ________c Wrongful Termination and the Law (PHWTL) QTY._ ________c Your Rights If Arrested (PHARR)QTY._ ________Total number of pamplets ordered:Total cost @ $35 per 100:(MBA members and nonprofit/government entities)Total cost @ $50 per 100:(Nonmember price)Postage:$2.75 for first 100;$.75 for each additional 100Total amount enclosed:___________$___________$___________$___________$___________46 LRS Handbook 2007–2008


Name:_ ______________________________________MBA member #:________________________________Firm/org.: ____________________________________Address:____________________________________________________________________________________________________________________________City: __________________ State:___ Zip + 4:__________Phone: _______________________________________Fax: ________________________________________E-mail:_ ______________________________________c Enclosed is my check in the amount of $___________made payable to the Massachusetts Bar Institute.Charge my:c AmEx c MasterCard c VisaAcct. #: _________________________Exp. date:_ _____Signature: _ ___________________________________RETURN FORM WITH PAYMENT TO:MBA Client Service PamphletsMassachusetts Bar Institute20 West St., Boston, MA 02111-1204Include check made payable to the Massachusetts Bar Institute.Faxed orders will be accepted with MasterCard,Visa or American Express at (617) 542-3057.Pamphlets will be mailed when payment is received.LRS Handbook 2007–2008 47


Notes:


Your guide to theMBA Lawyer Referral ServiceKeep on fileM a s s a c h u s e t t s B a r A s s o c i at i o n2 0 We s t S t . , B o s t o n , M A 0 2 1 1 1 - 1 2 0 4

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