Lawyer Referral Service Operating Procedures

As amended through January 17, 2024

1)What LRS Will Do:

a)Referrals: LRS will refer potential clients to panelists based on legal need, geographic area, language spoken, and other requested services (credit cards accepted, evening appointments, etc.).

b)Rotation: Referrals are made in rotation to ensure an equitable distribution of referrals among similarly situ-ated panelists.

c)Processing: Generally, potential clients receive one referral at a time and will not be provided more than three referrals within a 12-month period for the same legal issue. Under certain circumstances, LRS may pro-vide more than three referrals and may also provide several referrals at the same time. Such circumstances may include, but are not limited to, emergency hearings, referral requests from those who live out of state, and lawyers interviewing panelists to represent their clients in other matters. LRS tells potential clients:

i) To tell the panelist that they have been referred by the LRS;

ii) They are entitled to an initial consultation of up to 30 minutes for $35;

iii) The panelist's regular hourly rate will apply after the first 30 minutes; and

iv) All fees beyond the initial consultation will be as agreed between the potential client and the panelist.

d)Follow-up: After processing a referral, confirmation is emailed to the panelist. LRS may also send referral confirmations and follow-up surveys to potential clients referred by the LRS. Any pertinent information from surveys will be forwarded to panelists, and, if deemed necessary by LRS staff, to the PSAC. The LRS also rou-tinely monitors referrals by checking court dockets, legal notices, etc.

2)What Panelists Will Do:

a)Initial Consultations:

i)Amount: Panelists agree to charge potential clients who live in Oregon and are referred by the LRS no more than $35 for an initial consultation, except that no consultation fee may be charged where:

(1) Such charge would conflict with a statute or rule regarding attorneys' fees in a particular type of case (e.g., workers' compensation cases), or

(2) The panelist customarily offers or advertises a free consultation to the public for a particular type of case.

ii)Duration: Potential clients are entitled to an initial consultation of up to 30 minutes for a maximum fee of $35. If the potential client and panelist agree to continue consulting beyond the first 30 minutes, the panelist must make clear what additional fees will apply.

iii)Communication Method: Each panelist may decide whether to provide initial consultations in person, by telephone, by video conference, or by some other method of real-time communication. Panelists may indicate their preferences on their LRS applications.

iv)Location of In-person Consultations: In-person consultations between potential clients and panelists must take place in an office, conference room, courthouse, law library, or other mutually agreeable location that will ensure safety, privacy, and professionalism.

b)Fees: Panelists agree not to charge more fees and expenses to an LRS-referred client than they would to a client who is not referred by LRS.

c)Customer Service:

i) Panelists will participate only on those panels and subpanels within the panelist's competence and where the LRS has approved the panelist to participate on one or more special subject matter panels, as applicable;

ii) Panelists will not charge or bill for any fee beyond the initial consultation fee unless and until the panelist and potential client have agreed to the attorney's fees and costs for additional time or services beyond the initial 30-minute consultation;

iii) Panelists will use a written fee agreement for any services provided beyond the initial consultation;

iv) Panelists will communicate regularly with LRS staff, including updating online profiles and providing notice if a panelist is unable to accept referrals for a period of time due to vacation, leave of absence, heavy caseload or any other reason; and

v) Panelists will keep clients reasonably informed about the status of their matters and respond promptly to reasonable requests for information. Panelists will return calls and emails promptly and will provide clients with copies of important papers and letters.

d) Except as provided below, panelists will refer back to the LRS any potential client with whom the panelist is unable to conduct an initial consultation for any reason.

i)Panelist Substitution: A panelist may offer the potential client a referral to a substitute lawyer, provided:

(1) The substitute lawyer is a panelist;

(2) The potential client is informed of the option to call the LRS back for another referral rather than accepting the offered substitution;

(3) The potential client agrees to the substitution; and

(4) Both panelists notify LRS of the substitution.

ii)Non-Panelist Referral: A panelist may request LRS to waive this requirement when adherence to this requirement is contrary to the panelist's independent professional judgment.

e) Panelists will use the Oregon State Bar Fee Arbitration Program for any fee disputes with LRS-referred clients.

f) Panelists must have access to a computer with one of the following Internet browsers installed and running the most recent version: Internet Explorer, Chrome, Firefox, or Safari.

3)Program Year: The LRS operates on a 12-month program year. The program year begins September 1 and ends August 31. Although the LRS will accept applications at any time, registration fees are not prorated for late registrants. Payment of the registration fee entitles the panelist to participation only for the remainder of the applicable program year. The LRS may refund registration fees in full only if requested prior to the beginning of the applicable program year.

4)Territories: LRS registration uses geographic territories based upon population density, counties, court locations and potential client and panelist convenience. A chart of the territories and the counties in each territory may be found on the application. Payment of the basic registration fee includes registration for the territory in which a panelist's office is located, known as the panelist's home territory. For an additional fee, panelists may elect to register for additional territories outside of his or her home territory for some or all of the panels selected.

5)Special Subject Matter Panel Qualifications: Registration for special subject matter panels requires a separate form and affirmation showing that the panelist meets basic competency standards. The special subject matter panels currently include: felony defense; interstate/independent adoption; deportation; and Department of Labor-referred FMLA/FLSA matters.

6)Reporting and Remittance Requirements:

a)Reporting: With limited exception, panelists must regularly report on all LRS-referred matters. Panelists who have not reported on any given LRS-referred matter for more than 60 days are considered past due in their reporting requirements. Panelists whose reporting is past due may be removed from LRS without notice until all reporting is brought up to date.

b)Reporting Payments: Panelists must report payments they receive on LRS-referred matters within 30 days of receipt.

c)Remittance Payments: Panelists must pay remittances when due and owing. Remittances are calculated in accordance with the Policies. The remittance is a percentage only of the panelist's attorney fees and does not apply to any costs advanced and recovered or to the $35 initial consultation fee.

i) Remittances are due to LRS within 30 days of reporting payments received or within 60 days of receiving payment, whichever is sooner.

ii) A panelist who fails to pay remittances when due may be removed from LRS without notice until all remittances are paid in full.

iii) If a panelist fails to pay remittances within 90 days of when they are due, the bar may take any reason-able and financially prudent methods to collect amounts owed to LRS.

iv) A panelist who has been more than 30 days past due in payment of remittances three times is subject to permanent removal from the LRS. The PSAC's decision on the removal is final.

v) A panelist's obligation to pay remittances owed to the LRS continues regardless of whether the panelist is in breach of this agreement, fails to comply with these Policies or the Procedures, is removed from the LRS, is no longer eligible to participate in the LRS, or leaves the LRS.

d)Special Circumstances:

i) If an LRS-referred client puts one or more other potential clients in touch with the panelist for the same matter (e.g., a multiple-victim auto accident or multiple wage claims against the same employer), the remittance due to the LRS will be based on a percentage of all fees earned and collected on the new clients' matter in addition to the LRS-referred matter.

(1) This section does not apply to class-action lawsuits. In a certified class action case, a panelist need only remit fees earned and collected from the LRS-referred client in that matter. This applies whether the LRS-referred client is a member of the class or the class representative.

ii) If an LRS-referred matter closes and sometime later the client contacts the panelist on an unrelated matter, no remittance is due to the LRS on the new, unrelated matter.

iii) If a panelist elects to share or co-counsel an LRS-referred matter with another lawyer for any reason, the panelist is solely responsible to the LRS for remittances on all fees earned and collected during the course of representation of the client in that matter (including any fees paid to the other lawyer brought in on the matter).

e)Remittance Disputes: LRS may request panelists to verify that correct remittances have been paid. Upon request, panelists must provide verification to LRS to the extent reasonably necessary to resolve the remittance dispute and to the extent the rules of professional conduct allow.