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All calls should be screened based on the following guidelines. In all cases you must use your common sence. If a case sounds strage or too complicated, or if the client does not sound sincere, ask your supervisor for assistance. If you do not undertand the caller's case, accent or needs, or if you are having problems with him/her, again ask your supervisor for assistance. Any annoying callers should be inmediatly reported to your supervisor. Please read the description of panels before selecting any of the folowing areas of law.
The following list include only the major panel of law as they appear in your computer software (The Associate). The meaning of each symbol is explained below and they are intended to help you identify and understand each panel of law better. Please note that there are always exceptions in the case of the initial consultation fee. Before you waive a fee, please ask your supervisor for approval.
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Note: The are consultation fee exceptions for all panels
of law marked with a .
The following section describes the areas of law covered by the various referral panels. Each panel has sub-categories of specific issues which include over 100 specific subject areas within the general categories of law represented. A sale of a business would be referred to an attorney on the business panel who handles that area of law, slip and fall injuries to attorneys on the personal injury panel, and so on. Studying the different panels carefully, together with their numerous sub-categories, will answer many questions about how any individual matter would be referred. The information in this section will provide basic information about the panels. Following each panel description are sets of questions to help guide your interview in the particular area of law. Also included is a short list of the most commonly referred cases in that area of law.
Keep in mind that sometimes an intake is cross-referenced with another area of law, such as immigration and family. Use your referral program to determine which attorney has experience in both areas of law. This will ensure that the client is referred to an attorney with the appropriate combination of experience.
**The information that follows is not information you would dispense to clients. It is solely for the purpose of background knowledge for you to best understand what elements are necessary for intake and referral in a given area of law. Much of this information could constitute legal advice, which we are legally barred from providing. Once again, do not advise clients with any of the elements described in the foregoing. Use it only as information to be able to assess legal situations.
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BANKRUPTCY
Questions
Description: Includes all matters related to consumer (credit card, loans, taxes, etc.) or business debt, in which a person seeks relief from having to pay back the entire amount of the debt.
There are three principal types of bankruptcy which are referred to as Chapters 7, 11, and 13. Rarely is it necessary for intake to know from the client which chapter they would declare. For purposes of a general understanding however, chapters 7 and 13 relate to consumer or personal debt and chapter 11 relates to business debt. Often, the declaration of a chapter 13 can help a person save their house from foreclosure by the bank or mortgage loan company which originally lent the money to purchase the house. Also, some debts are not ones a person can discharge through bankruptcy, such as taxes, child support and some student loans. Again, you don't have to explain any of this directly to the client AND it may constitute legal advice to do so. It is best that the client be referred to an attorney for them to fully analyze the client's situation.
Sometimes people who are owed money want to speak to a bankruptcy attorney. These people are called creditors. Often the reason for this is that the person or business which owes the money has filed for bankruptcy. In such a circumstance the person owed the money may want to declare themselves as a creditor at what's called, a "creditor's meeting", which is generally held at the bankruptcy court, to try and secure some payment back to them.
Note: Creditor - Issues concerning a person to whom money is owed. Collections/debtor - Issues concerning a person that owes money.
MOST COMMONLY REFERRED CASES: Personal bankruptcy or CH 7.
BUSINESS
Questions - Securities
Description: This panel includes matters related to starting a business (business formation), incorporation, partnership, joint venture, the sale or purchase of a business or franchise, disputes between partners, stockholders, and contractors, business licensing requirements, sales contracts and business financing issues. This panel also includes international trade (import/export), customs disputes, issues related to anti-trust (unfair competition), pension and profit sharing plans and securities litigation.
For securities issues, seek to understand how much the client invested or lost, which brokerage firm is involved or at fault and what the broker failed to do to cause either a substantial stock loss, or complications in executing stock transactions. It is often essential to know the name of the brokerage firm to guard against a conflict of interest which the attorney or their firm may have with the particular brokerage involved.
MOST COMMONLY REFERRED CASES: Formation of a business which may include drafting business contracts, partnership agreements and incorporation; dissolution of a business which may include sale of the business and dissolution of a partnership; conflicts with suppliers, competitors, construction companies; stock broker negligence which has resulted in significant investment losses.
CONSUMER LAW
Auto Repairs - Collections -
Contractors - Lemon Law - Retail
Any situation in which a client is seeking to collect money owed to them by another party or to defend against a collection. Collection cases often relate to money paid for services promised but not performed, for refunds on faulty products, for returns of deposits, for being charged for repairs that didn't happen, etc. Collection defense cases often relate to defending against payment of bills, against garnishment of wages, against loan repayment, etc. Make sure you know if the caller wants funds collected or if funds are being collected from the caller. (Most collections attorneys do not work both sides. Consumer law is the proper area to refer a person from whom a debt is being collected).
Contractor or Construction issues
This law applies to new cars or used cars with warranties. The owner will have had problems with the vehicle such that they have brought it to the dealer or their mechanic for repairs many times (at least 3 times), have been deprived of the use of the vehicle as a result, have not gotten far negotiating with the dealer to take the car back, and may need to submit a claim against the car manufacturing company.
CRIMINAL DEFENSE
Questions
Description: Includes all matters related to criminal defendants who have been suspected or charged with violating the California or Federal penal codes. The District Attorney holds the criminal defendant to answer the charge in court and the Public Defender (P. D.) or private criminal defense attorney represents the accused in proceedings. The Public Defender assists defendants for free who qualify because of their very low income and the low fee and regular fee criminal law panel attorneys assist defendants with corresponding incomes. Sometimes a defendant qualifies for the P.D. but would prefer to hire private counsel. There is no referral fee for this type of cases.
Any situation in which the client has been charged with a crime, or believes they may be charged with a crime because of recent contact with the police or investigators, should be referred on the Criminal Law Panel. Some proceedings may be in federal criminal court because the alleged crime occurred on federal property or is an issue of interstate prosecution or Federal law. These are also referable.
One type of claim referred on the criminal panel, called forfeitures, is quasi civil in nature. This refers to property, possessions or money seized by the police and held by them as evidence in the criminal case. Not all attorneys on the criminal panel will handle this type of claim but those who do have it indicated in writing on their profiles.
How to distinguish between what crimes are misdemeanors or felonies is sometimes difficult. One standard is the amount of sentence a criminal defendant could receive. For misdemeanor cases the sentence is defined as one year or less and for felonies it is minimum of 16 months, (unless the charge is an attempt of a felony crime, e.g. attempted burglary.) The better standard for purposes of referring clients correctly is to judge by the seriousness of the crime. The less serious the crime, i.e. where other people have not been gravely hurt, the more likely the charge is a misdemeanor. Some examples include Driving Under the Influence (DUI), petty theft, domestic violence (battery) cases, solicitation of prostitution, possession of marijuana (not for sale). Some examples of felonies include, DUI when another party has become injured, rape, drug possession, sale and distribution, grand theft, burglary, assault with a deadly weapon, murder and so on. If the client knows, and sometimes they will, in which department of criminal court they need to appear, you may be able to clarify the level of crime, if you are unsure. Misdemeanors are addressed in Departments 13-18, and Felonies in Departments 21-28. (Depts. 10, 11 and 20 correspond to the Magistrate courts which determine if a wrongdoing should be charged as a misdemeanor or felony.) Of course, check with a senior legal analyst or the supervisor if you are unsure which level corresponds to the client's charge.
Appeals happen when somebody is convicted of a crime and want to retry the case. This cases are very expensive and complex. Make sure that the client has the means to pay the attorney's fees. Since filing for an appeal has a statute of limitations (usually 2 to 6 months), find out when was the client convicted. If the client was convicted a long time ago (more than 1 year), he/she can still file for Habeaus Corpus which is another type of appeal but usually even more expensive. Either way an Appeals attorney might be able to handle the case.
Sometimes criminal defendants will call ASN collect. We do accept these calls. Be brief and try to get the name and number of the relative who is going to pay for the attorney's fees.
Note: Those clients unable to afford a private attorney should be refer to the Public Defender's Office. Ask your supervisor for additional information.
MOST COMMONLY REFERRED CASES: DUI. domestic violence, murder, robbery, petty theft, assault.
EMPLOYMENT / LABOR LAW
Questions - Discrimination - Non-Competition
- Sexual Harrassment - Union - Whistler-Blower
- Wrongful Termination
Description: Includes disputes between employee and employer, civil servant employees and their municipal employer, and union, management and employee conflict; problems related to early retirement, employee pension and health care benefits, and reasonable accommodation for an employee's disability. Also includes issues of employment discrimination and wrongful termination or discharge as well as review of separation or severance agreements, when a client leaves their employer.
Most employment situations do not arise out of a written contract but rather are at will arrangements, which allow for the employer to fire and the employee to quit without reason. There are exceptions to the "at will doctrine" which may allow for an employee to argue that their termination from employment was illegal. The most common exceptions include whether the employer may have discriminated against the employee (based on the Title VII categories, including reverse discrimination), retaliated against him/her for "whistle-blowing" i.e. for reporting to a regulatory body or other official unit that employer is doing something illegal, and for violating the terms of a written or implied contract (i.e. an understanding that is established by the routine behaviors and actions of both parties). Some examples of legal grounds for firing an employee include poor performance, personality difficulties, egregious conduct, or insubordination. There may be subtleties to all of these, so definitely consult a senior legal analyst or the supervisor to be sure before deciding upon doing or not doing an intake.
When talking to a client about an employment situation, how long they have been employed is very important. A long-term employee may have greater damages than a short-term employee, because their wages are more substantial to lose and their loyalty to the employer over the years may count in monetary terms. So an employee who has been terminated after 10 or more years of employment is generally always a client to refer, regardless of the reason for the termination. By the same token, an employee fired during the first 3-months of their employment, sometimes called the probationary period, is almost never a case to refer because of the trial nature of that period.
However, the gray area in between includes several factors. For example, if the basis for the client's firing was discriminatory (e.g. for reasons of race, gender, age, disability, national origin, etc.), the client may have legal recourse no matter what the length of employment. If the client makes a complaint about safety in the work place, or about the employer's discriminatory practices and is fired as a result, they may have a claim as well. Likewise, if the employee has been sexually harassed on the job, no matter how short the employment, an intake should be done.
Another area of labor law concerns the employee who is discriminated against because of a disability. If the employer has failed to provide reasonable accommodations to their employee with a disability, they may be in violation of the Americans with Disabilities Act. What constitutes a reasonable accommodation is the subject of much case law, but for purposes of intake, understand that an employer may be liable for not being open to making some kind of adjustment for a disabled or recently disabled employee.
There are three agencies in particular to keep in mind when referring an employee outside the LRS. The Equal Employment Opportunity Commission (EEOC) and the Department of Fair Employment and Housing (DFEH) both investigate allegations of discrimination. The former primarily handles federal employment issues, the latter state employment, but either can be called. However, if a client places a call to one, the other is considered to have been called. If someone has already registered a complaint at one of these agencies they might have been issued a "right to sue letter" when the investigation is over. Usually the client has one year after receiving the letter to file a lawsuit. Virtually always when a client has such a letter, an referral is done. A third entity is the Labor Commissioner's Office which assists employees with unfair wage and unhealthy working condition complaints. Their office often arranges a hearing for a ruling on the issue(s), for which a client can find legal representation through the LRS.
*Note: If there is a Union, they are usually the legal representative of the employee. Therefore, the employee has to first field grievance with them.
Note: Racial concerns are delicate and should be handled with the utmost consideration and regard for the caller. Discrimination at the work place may have more grounds than other discrimination cases. Ask your supervisor for more information.
Non-Competition / Covenant - Trade Issues
Note: Sexual harrasment cases have to be handle with tact and discression. If you feel the person is unconfortable telling you specific details, do not pressure them in order to obtain the information. Be nice and undertanding. Always remember than in most cases the company is liable only if the harrassment was reported and they did not take any action to prevent it or stop it afterwards.
Union (Please read the note below.)
Note: Keep in mind that when a client is represented by a union, many of the LRS attorneys who practice in this area of law will not accept a referral until the union is no longer involved. This is because the collective bargaining agreement will often stipulate that the union is to provide legal representation for the employee in any dispute with the employer. In a case where the client complains that the union "isn't doing anything", look to the strength of other factors in the case to consider a referral: e.g., length of employment, salary, insubstantial reason for termination, etc.
Whistler-Blower - Freedom of Speech:
Wrongful Termination / Discharge
Note: Wrongful termination cases are very complex and subjective. A person cannot be terminated for any reason related to their race, gender, religion, sexual preference, ethic background or disability (including deseases). Any other reason such as personal issues with the supervisor or poor work performance are perfectly legal reason for a termination. If you are not sure about a specific case or situation ask your supervisor or a senior legal analyst for assistance.
MOST COMMONLY REFERRED CASES: wrongful termination, discrimination, sexual harassment, benefits issues, unpaid wages.
FAMILY LAW
Adoptions -
Custody - Divorce -
Dissolution - Support -
Pre-Nuptial - NIS - Restrining Order
Description: This panel includes matters related to annulment, divorce, legal separation, child support, AFDC or foster care reimbursements to the state, visitation, custody, adoptions, and change of last name, and advice and preparation of settlement agreements. This panel also includes drafting of pre-nuptial agreements and filing restraining orders against a boyfriend or husband who batters.
The jurisdiction requirements in family law are specific to where the client lives or where the other party lives, if they have moved to a different county or state. Until a legal filing has been made, jurisdiction is valid in either locality. A filing of legal paperwork or a previous court order in one county however, seals the jurisdiction and the case will need to proceed there. When the parties are not married, jurisdiction for such situations will often depend on where a previous court order (e.g. for child support, custody) was made, or where the child lives, if no orders have ever been issued from a court.
The residency requirement or jurisdiction for a divorce in California is satisfied by residency for a minimum of 6 months in the state, and 3 months in the county where the filing will take place. A party can live 6 months in any county in California and simultaneously satisfy both state and county requirements. Note that it may be advantageous for a client to consult with an attorney if other circumstances, such as domestic violence or support and custody issues need immediate attention.
Custody / Visitation (post divorce)
Note: If income eligible refer panel member or modest means panel attorney. If there is domestic violence or if accused of it, refer to Criminal Defense Lawyer. If very low income and client wants to change custody, change visitation... refer to ALS. If only wants to have some forms or paperwork done, reer to Modest Means Panel.
Note: If low income refer to modest means attorney or ALS. If client has been accused of domestic violence, refer to criminal defense attorney.
Note: For modification of Child Support Order and low income... refer to Modest Means or ALS.
These are agreements made between two parties who are about to marry to keep the assets or property of one party or both separate and insulated from the community property laws of a marriage. Be sure to get the date of the wedding! Sometimes clients call in a panic to do something because the wedding is next weekend. The lawyer needs time to draft the agreement and the other party may need time to have it reviewed and advised upon by their own lawyer.
Non-income spouse is a category on the family law panel created by the Lawyer Referral Service to better serve those clients (usually the wives) who may not have been employed, or fully employed, during the marriage. A typical scenario is a wife who has cared for the children and has run the household, as opposed to earning a wage. Often this situation can justify a request to the court that the husband pay for her attorney. An NIS family panel attorney will seek to get such an order granted by the court. Granting such an order, however, is at the discretion of the family law judge and the client is responsible for her own attorney's fees, in the event that the judge does not make the order.
The opposing spouse's income becomes relevant is these types of referrals. The income will be offset by the number of children such that the higher the number of children, the higher his income must be. If the couple has 1 child, the opposing party must earn at least $3,500/month for an NIS referral to be realistic. If the couple owns a house or has considerable assets, NIS is definitely the type of referral to make for the non-income spouse. (No case in which there are assets or property should be modest means). Often, however, the client may qualify for modest means services if the opposing party's income isn't significant and there are no assets. Unmarried couples are virtually never referred as NIS clients.
**Often, the consultation fee is waived in NIS cases when the client's income is exceptionally low or the client has some income, but is the primary financial support to their child(ren). You may use your own discretion and good judgment to waive the fee in this particular case without consulting with the supervisor. Of course, if you are unsure, please consult the supervisor!
Additional questions for an NIS referral :
Temporary Restraining Order (TRO)
When one party in a romantic relationship is physically or emotionally abused by the other party, the victim may seek a restraining order. This order dictates that the other party cease the violent or harassing behavior and stay away from the affected party. Most restraining orders are temporary until a hearing is held in which a judge may make a permanent order which can be in effect for up to 3 years. This situation with a boyfriend or spouse is referred as a domestic TRO on the family law panel. Non-domestic TROs are against a party who is not related to the client, e.g. a neighbor or co-worker, and who does not live with the client, and are referred on the General Panel.
MOST COMMONLY REFERRED CASES : Divorce, child support, child custody.
GENERAL LAW
Collections - Credit - Education - Environmental - Licensing -
Name Change -
Property Rights - Small Claims - Traffic
Infractions -
Restraining Orders
Description: Includes areas of law which require administrative hearings or which relate to suits of smaller monetary value or other matters not covered by one or more Experience Panels. The areas of law represented on this panel include: public benefit and administrative hearing law (Unemployment claims, DMV hearings), collection and collection defense, consumer and credit issues, name changes, penal rights or prison law, personal property rights, small claims court counseling and appeals, non-domestic temporary restraining orders (TRO), traffic infractions, education, and professional licensing issues. There is also a category marked "other" for claims which are small but don't relate to any of the above specific categories.
Very often general panel cases will usually not have values much higher than $10,000 and usually need an attorney to provide general counseling, to intervene by sending a "demand letter" (a letter which demands payment) to the other side, to negotiate outcomes or any number of other legal maneuvers which generally do not involve the extent of activities common to litigation.
There are no experience qualifications for the attorneys to join the General Panel, as most problems on this panel are smaller and common to many types of legal transactions already performed in other substantive areas of law. However, we require that attorneys possess the knowledge and skill to perform legal services for any areas they select. As a consequence it is sometimes necessary to cross reference a General Panel referral with an experience panel to insure that all issues can be addressed. A common example is a small claims court counseling referral to pursue a landlord for a rental deposit which may involve other tenancy issues for which a Real Estate cross reference would be advised.
The basic question for situations on the General Panel is, simply, what is the nature of your problem. Following that question with others to understand more about when and why, how much is lost or at stake, what action if any, has the client taken to resolve the matter, does the other side have an attorney, etc. will often give the necessary detail.
The following is a listing of each General Panel category, with a brief explanation of the area and the typical cases referred in the category. Sample questions are not included for the various categories on the General Panel (except for the benefit category) as the facts of the situation and what the client wants to have a lawyer do for them, will generally be sufficient for referral.
Matters involving hearings at the DMV (possibly for license suspension or revocation) or to appeal unemployment (UN), medi-cal (M/C) or state disability insurance (SDI) denials require details on the reason for the hearing or denial as well as any other information the client can provide to support their side of the claim.
[Exposures causing sickness; land/water contamination/noise and nuisances (Regulated under State & Federal Statutes)]
Traffic Violations or DMV Issues
Temporary Restraining Orders (non-domestic)
IMMIGRATION
General - Deportation
Description: Includes all aspects of U.S. immigration laws, legalization, residency, work permits, change in visa status, employment sponsorship, family petitions, naturalization, citizenship, deportation, political asylum and international adoptions.
Many changes to the U.S. immigration laws occurred after the Immigration Reform Act of 1996. Be aware that some situations make it easier for a person to better resist deportation and remain in the United States. If they have children born here in the United States, which automatically makes the children U.S. citizens, or have been here longer than 10 years or are trained in a job or profession for which there is a shortage of American workers, e.g. agricultural work, etc., then they may have a better chance at being able to stay. However, legal residents (non-U.S. citizens) may be subject to deportation if a criminal conviction exists on their record, regardless of how long ago and especially if the criminal charge is a felony. Likewise, any illegal immigrant who has a criminal conviction, may be subject to deportation.
The best defense an immigrant may have against deportation or lack of access to public benefits is to become a U.S. citizen. Several immigrant legal resource agencies offer free or low cost assistance to immigrants who have had continuous, legal residency in the U.S. for 5 years and therefore qualify to apply for the citizenship exam.
Immigration cases might be undertood better based on the following categories:
1. Business - The call usually wants a labor certification, a work permit or an "AH-1" visa. Often a student about to graduate from the university with a degree. Rarely, it might be a person wanting to invest.
2. Asylum - this is pretty obvious. The caller says he wants asylum or refugee status. Might say he is afraid to go back but usually knows what he wants.
3. Family Petition - American marrying a foreign national. Wants to apply for a green card or Permanent residence . Sometimes the alien is illegal but the process is still the same with perhaps extra filings.
4. Deportation or Removal - Often a criminal charge but might just be a status violator. Any reference to seeing the Immigration Judge puts it in this category. After 9/11, we are seeing more of these.
A caller who wants to legalize his/her status:
Sometimes a client facing deportation will call from "immigration hold". When a client has called from immigration hold, it means the INS has intervened and is trying to deport him/her. The INS holds a deportation hearing soon after the client has been taken into custody but the client may not know yet the exact date of the hearing. Often in this situation the caller does not have information about what is to happen next.
Note: One of the first questions you should ask is whether the person is US citizen. Certain misdemeanor offenses and the majority of felonies can place a non-US citizen into Deportation proceedings if convicted. Since 9/11, INS has been appearing at criminal dockets for some non-US citizens.
MOST COMMONLY REFERRED CASES: Deportation and legalization
INSURANCE LAW
Bad Faith - Accident/Health - Property - Life
Covers most any situation in which a person is having difficulties with their insurance company, be it for auto, home, health, or other insurance benefit. Often a client is being denied insurance coverage for a particular claim or disputes premium billings. Keep in mind that some denials of insurance coverage may be Insurance Bad Faith situations (discussed below).
If an insurace company refuses to pay a valid claim to a person or a business, this case might fall into "bad faith". If the insurance made a partial payment or a lower payment of a claim this may not necessarily fall into bad faith. The amount of money is not usually important in a straight forward case of bad faith. Ask your supervisor for more information and remember to always ask for the name of the insurance company in order to avoid any conflict of interest.
The Insurance Co. I'm dealing with is refusing to pay my medical bills.
Most issues in dealing with Home, Fire and Property insurance is pretty cut and dry. Below are some of the issues you may hear.
If a caller contacts the LRIS regarding Life and Benefits Insurance the intake person should ask if an employer provides the insurance or is it purchased by the caller.
INTELLECTUAL PROPERTY RIGHTS
General
Description: Includes all matters related to legal protection for original ideas and inventions (patents), literary and written material (copyright), contracts for music or entertainment, computer software protections and licensing, and trade secrets.
**In this area of law especially, names of companies or persons may be highly sensitive information. Often it is not essential to know whom a person is contracting with to cut a CD or have their manuscript published for purposes of the referral. Understand, nonetheless, whether a person has already begun to negotiate with someone or has a company interested in pursuing their material, music, invention, etc.
MOST COMMONLY REFERRED CASES: Patent and copyright.
JUVENILE
Dependency - Delinquency
Description: Includes all matters related to proceedings in Juvenile Court for dependency and delinquency child cases.
Basically the Juvenile law panel divides into two areas: dependency law and delinquency law. Dependency deals with the issue of actual or potential removal of a minor from a home because of allegations of child abuse or neglect. In this area, both the minor and the parent(s), legal guardians or de facto parents (people who are not the biological parents who may be taking care of the child), or some custodial adult may need representation. Delinquency is the equivalent of criminal law for juveniles under 18, and juvenile criminal attorneys provide representation of the minor who is charged with a crime.
A dependency case is one which involves protecting the safety and welfare of a child. Usually the parent(s) to the child in question is (are) brought to court to determine whether the child should remain with them or live for a time with a relative or someone else who has cared for the child before. Most often there is a charge or allegation of abuse or neglect which is brought either by the Department of Social Services or the Child Protective Services (CPS) or a doctor, teacher or someone who has a legal duty to report a problem. Many times the problem is because the parent allegedly has a drug addiction or is allegedly violent towards the child. Possible outcomes to these cases include removing the child from the biological parents for a temporary period until the parent(s) get treatment of some kind or become more able to provide a safe environment for the child; or permanent termination of the right to parent the child. In such cases, the child may be placed in foster care or be adopted by another person.
A delinquency case is one which involves a minor being charged with a crime. The juvenile court however, is different from regular, adult criminal court in that a defendant is not judged by a jury; the trials are private, not public, and different, lesser sentences apply. In the event of a very serious crime, however, the juvenile court may rule that the minor should be tried as an adult. The possible outcome of delinquency cases may be that a minor convicted of a crime serves time in Juvenile Hall. It is also possible that the minor could have their criminal record sealed once they turn 18.
Most of the juvenile court matters that the LRS handles are related to assisting the court by scheduling an attorney to be available every day for appointment by the court. Only on rare occasions would the LRS provide a private referral to a juvenile attorney for a consultation. The reason for this is that minors are virtually always considered indigent and are therefore eligible for a court appointed attorney. Even for adults (in dependency cases) the financial guidelines for appointed counsel are more lenient than in the criminal courts. In addition, the pool of attorneys that the court draws upon to assign to clients is the same pool we draw upon for private referrals. Potentially, a client could have the same attorney appointed by the court or by us but have to pay hourly fees if we provide the private referral. You may want to clarify that an attorney will be assigned to them at their court date. However, if the client prefers a private referral, we can refer them. The issue of juvenile referrals can be somewhat complicated so always ask the supervisor if you are unsure whether to refer someone through the LRS.
**If you get a call from someone who does NOT have a court date but needs a dependency law attorney, or who has missed one or more court dates, they should contact the Juvile Court to request that an attorney be appointed. They will "add" the client to calendar, which means they will make a court date for the client to appear. At that time the court will appoint them an attorney.
LANDLORD / TENANT
General
Description: Many of these cases involve a dispute between a landlord and a tenant, the most common of which are tenant evictions. The rules related to landlord/tenant law involve the tenant's rights to basic habitability of their rental space. The tenant is entitled under the law to the use of heat, hot water, a functioning stove and toilet, windows that open as well as a unit that is free of insect infestation, leaks, peeling paint, excessive noise, etc. Not having the use of one or more of such features in a rental unit constitutes problem of habitability. The tenant may withhold part or all of their rent if the landlord fails to address the repair of such problems in the unit. It is a stronger set of facts if the requests for repair to the landlord are in writing and if the tenant has put the withheld rent in a separate bank account. Such cases involving habitability issues are always affirmative, meaning a case where money damages are possible, and are therefore always referred on the regular fee L/T Panel.
The landlord may also evict a tenant with proper written notice as specified in their rental/lease agreement (often 30 days notice) in order to move himself/herself or family members into the unit. A landlord may also try to evict the tenant because the tenant is late or has failed to pay rent. If the tenant hasn't paid the rent, the landlord may serve a 3 day calendar notice called a pay or quit notice, which asks that the tenant pay the rent owed or move out within the 3 days. If the tenant can't pay or won't pay (perhaps because they have withheld rent legally for breach of habitability) and remains in the unit, the landlord may follow the 3-day notice with a 5-day summons and complaint known as an unlawful detainer . This notifies the tenant that they have unlawful possession of the unit and need to file a legal response to the notice within 5 days or move out. If the tenant files a response, a settlement conference and trial date are set very soon. If the client fails to respond to the complaint, the landlord may file to have the hearing and obtain an automatic judgment in their favor. With such a judgment the landlord can solicit the assistance of the Sheriff's office to physically remove the tenant from the unit. (The Sheriff serves notices on Wednesdays for the tenant to be out by the following Wednesday, otherwise they will come to move them out.)
Sometimes a tenant can buy one more week of time if they have the equivalent in rent. The tenant is to be notified by the court that a judgment has been entered against them known as a default judgment . If the client receives such a notice or learns about the judgment on their own, they may try to set aside the default judgment, or in other words, remove the judgment from having been entered in the first place. The tenant may have good grounds to have the judgment set aside if they did not receive any notice of the eviction or were served improperly. Be aware that all notices of eviction must be written, not verbal, to be legal and the landlord must always give a reason for eviction. Also, landlord/tenant cases should always be referred to the specific county in which the tenant resides or the landlord has property, because the rules and ordinances in this area of law may vary county to county. If the client does not have the means to hire an attorney, he/she should call Tenant Rights or Fair Housing.
GENERAL QUESTIONS: (residential or commercial)
Note: In many of this cases the client is being evicted because he/she did not pay the rent. If this is the case, it is very likely that this client will not have any means to pay for an attorney. If so, he/she should be refer to Tenant Rights or Fair Housing unless they are willing to pay for the initial consultation.
MALPRACTICE
Dental - Legal - Medical
Note: Most Dental Malpractice cases might be referred to ALS or Small Claims Court; however, if the damages are considerable this might be a good case to refer. Always as your supervisor for additional information.
LEGAL MALPRACTICE
Description: Includes matters related to attorney negligence in a case, such that permanent or irreversible damage or an exceptionally negative result has resulted in the case.
Typically, the negligence of the attorney results from some error or omission. Legal malpractice includes, but is not limited to, situations in which attorneys have not taken some necessary legal action by a certain date, such as letting a statute run, or situations where the actions of the attorney were incomplete (such as failing to list a particular defendant in a suit). Generally speaking, clients can be referred on matters involving their relationship with their own attorney, but not with an attorney representing an opposing party.
Even more than most areas of law, it is important to distinguish legal malpractice from other matters that clients often erroneously refer to by that term. If a client is dissatisfied with an attorney's performance and has a dispute regarding the fees paid to an attorney, that issue alone would not be referred to a legal malpractice attorney. If there is a fee dispute with an attorney the matter would be referred to the State Bar of California. If the client's dispute is with an attorney referred by the our service, tranfer the client to your supervisor or LRIS director.. If there is a more tangible issue of attorney negligence in conjunction with a fee dispute, the negligence would more accurately apply to a legal malpractice referral and the fee issue might be part of that larger issue.
Also, clients can have problems that arise from real or imagined inattentiveness of their attorney. This would not necessarily lead to a legal malpractice referral. Be attentive though to determine if the client would like to consult with a new attorney about the underlying case. Again, in order for us to make a legal malpractice referral, the offending attorney has to have blown a time deadline or otherwise conducted the case so poorly as to leave no possibility of proceeding. If a client would like to make an ethics complaint about the actions of a California attorney, such complaints would be directed to the State Bar of California's Attorney Complaint Line. That number is 800-843-9053. All of the above listed issues are not necessarily mutually exclusive from legal malpractice. The client may have more than one of these issues arising out of the same attorney/client relationship and again, depending upon the strengths of the facts so far as they apply to negligence, the client may be referred on this panel.
(When the underlying case is a family law case, often the types of legal issues can be brought back to court, such as child custody issues or visitation and support. Some property settlements, however, may be final agreements and therefore not reparable if the attorney was negligent. Because some issues in family law can go back to court, some legal malpractice attorneys are reluctant to take referrals for these cases. This is not a reason, however, to turn away a legal malpractice case, only a point to note.)
Note: This cases are usually very complicated and the damages have to be considerable for a lawyer to get involve. Most of the time the client has to pay by the hour. In some instances, however, the attorney might take the case on contingency.
MEDICAL MALPRACTICE
Description: Includes issues of injury resulting from negligence of medical doctors and dentists. Injuries resulting from the medical negligence of other medical professionals such as nurses, paramedics, psychiatrists, etc., would also be categorized for referral on this panel, but such cases are often more challenging to refer.
When considering the issue of medical negligence, the primary issue to understand is whether the doctor or dentist didn't do something considered to be standard in the profession, e.g., not ordering a test of an unexplained lump, or did something not considered standard, such as removing a tooth when otherwise only a root canal was needed, etc. Sometimes a misdiagnosis can constitute negligence, especially if surgery or a serious illness has resulted from the lack of or delay in appropriate treatment. Be aware also that surgeries or medical treatments which don't result in the desired outcome do not necessarily constitute medical negligence. Known complications that result may not constitute medical negligence. If the results are egregious, however, it may be appropriate to consider a referral. It is also considerably helpful to the referral processes if the client has spoken to another doctor and received a second opinion, especially if the second doctor indicates in some way that inappropriate procedures or treatment were performed.
In medical malpractice cases the statute of limitations is a bit varied. It is one year from the occurrence of the alleged malpractice or one year from the discovery of malpractice but within a three years from the date of the "injury causing event", i.e. surgery, etc. For foreign objects left in the body, such as a sponge or piece of surgical equipment, the statute is one year from the point of discovery, with no limit on how much time has passed since the date of surgery.
GENERAL QUESTIONS: (For both medical and dental)
Note: Cases with no permanent injuries/damages or that can be treated might not be one that most malpractice attorneys will take. This is also true if the cost of the additional treatment is low. If after screening the case you do not believe that it should be refer to our attorneys, ask the client to either get a second opinion (if not done already) or to contact the California Medical/Dental Board for further assistance.
PERSONAL INJURY / TORTS
Auto Accident - Assault - Burns - Class
Actions- Dog Bites - Sexual Assault - Slander -
Product Liability - Slip & Fall - Wrongful
Arrest - Wrongful Death
Description: Includes matters related to a tort (or injury) claim against a person or entity. Examples of such claims fall into the following categories: auto accidents, slip and fall, assault, libel/slander, civil harassment, as well as product liability, wrongful death, admiralty and aviation injury claims. This panel covers problems involving injuries to a person's body or mind (including emotional distress) whether negligently or intentionally caused.
Claims for compensation by injured employees against their employers (rather than other persons) fall under the area of Worker's Compensation law. However, an injured worker may have what's referred to as a third party claim if the cause of their on-the-job injury was because another party, other than the employer, was negligent. For example, a worker who becomes injured while on the job when the elevator she was riding in malfunctions and falls several floors. It is possible that the worker has an injury claim against the party responsible for the elevator, for failure to keep the elevator in safe working order.
GENERAL QUESTIONS: (As for all injury cases, determined when and where the
injury occurred, what medical treatment
the injured party is receiving and whether a police report was made.)
Auto accident: The quality of the case will turn on the seriousness of the injuries, liability, and how collectible is the defendant (insurance).
Note: In cases where the client DOES NOT have insurance coverage, but the party at fault does, it might be still possible to file a lawsuit. If somebody has a serious or catastrophic injury, inmediatly transfer the call to the managing director if possible. Any case that falls under this category should be refer to our Serious Personal Injury Panel (SPI). Ask your supervisor for more information.
Note: The quality of a civil assault case turn on how serious were the injuries and the relative innocence of the victim in the assault.
There are different tyoes of burn degrees:
First-degree burns
First-degree burns affect the outer layer of skin, which is called the epidermis. They are moist, red in color and cause pain, redness and swelling. First-degree burns are partial-thickness burns because of their depth. They will heal spontaneously. A sunburn is an example of a first-degree burn.
Second-degree burns
Second-degree burns are also partial-thickness burns. The second-degree burn is a serious burn that causes destruction of tissue layers deep into the skin. Second-degree burns involve destruction of both the outer and the underlying layers of skin. It effects all of the epidermal layers and extends into the dermis.
These burns are classified as either superficial or deep.
Superficial burns effect the outermost part of the dermis, which causes pain, is hypersensitive to touch, and usually causes blisters and redness.
Deep burns cause damage to the deepest layers of the dermis. They appear like the superficial burns but usually are dry and white. These burns are usually painful, may take three to four weeks to heal, and may result in thick scarring.
These burns are usually caused by contact with hot liquid and flames. The burned area looks like blisters and the skin is often cherry red or pink. Second-degree burns are usually treated without surgery but sometimes need skin grafting.
Third-degree burns
The most serious of all burns are third-degree burns, in which all the layers of skin are destroyed. Sometimes third-degree burns also affect underlying tissue. They extend deeper into the skin and destroy all of the epidermis and dermal layers, extending to the subcutaneous layers. This turns the skin brown or black, gives it a leathery appearance, and often makes it separate from the surrounding tissue. The nerve endings are destroyed from the burn and therefore these burns usually not painful.
Third-degree burns are typically caused by contact with hot liquid, flame or electricity. After being burned, the skin appears white, pearly or leathery. The skin must be replaced either through transplantation or grafting. Treating third-degree burns usually involves debridement, which is the removal of dead skin, and surgical skin grafting.
Class Actions
Description: These usually take one of two forms, the client has been contacted by a law firm to invite them to be part of a class and they want to talk to a lawyer to see if that is in their best interest or they are alleging that a wrong has happened to them which has happened to many others and want to create a class. This is partly motivated by the idea that they do not think that they can afford to hire an attorney. Pay attention to the following samples. If the client describes his/her case in a similar fashion than the one below, there is a posibility that a Class Action Lawsuit could be filed:
Joining a Class Action
Note: If a client bought a product that is being re-call but did not suffer any injuries or damages, all he can probably get is a refund for his/her purchase. If the client was injured or suffered additional damages, he/she might receive additional compensation according to the severity of the injuries or damages.
Starting a Class Action
After refering one of the above client always say:
Note: Remember that a class action lawsuit is filed only when a group of people is being affected by the same problem or injured by the same product. If a person has not being paid overtime, but everybody else in the company has, he/she might need a regular Employment attorney, not a Class Action one.
The quality of the case will turn on the seriousness of the injury, the culpability of the victim how collectible is the defendant (homeowner's ins).
If a client wants to sue the party who sexually molested and/or abused them as a child, a special law in California lengthens the statute for filing:
These cases involve injury to a person because a product has malfunctioned. The product may have malfunctioned because of a flaw in the design or the manufacturing of the product. Per the parameters that questions should be designed to elicit only a yes or no response. The following list is based upon that assumption.
Note: Remember that we should only refer product liability cases that have serious or catastrophic injuries (e.g. lost of a limb, eye, hearing, fingers, permanent disability, etc.).
The quality of the case will turn on the seriousness of the injuries and the negligence of the property owner. Soft tissue injuries are usually not enough; however, non-open head injuries may be sufficient in order to refer them to a PI or SPI attorney.
Wrongful Arrest / Imprisonment
The quality of the case will turn on appropriateness of the arresting officers behavior and the magnitude of the injuries sustained by the victim and the relative innocence of the victim (innocent bystander versus charged with obstructing)
This cases are very complex and delicate. If possible, let your supervisor or a more experienced analyst handle the call.
Caution: When handling cases with significant trauma handle caller with care even if there may be very little quality to the case. This is frequently a painful story to tell, do not probe and deeper than necessary to make an appropriate referral.
Note: In case of wrongful death be sure to ask for the name of the decedent.
**The above set of questions refers to several subcategories of law on the personal injury panel. The other areas not covered here, follow the same general line of questioning, to determine jurisdiction, extent of injury and liability of the opposing party. If you have any questions about applying the information here to other types of injury cases, please ask a senior legal analyst or the supervisor.
MOST COMMONLY REFERRED CASES: auto accidents, slip and fall, and assault.
REAL ESTATE
Buying or Selling - Fraud - Boundary Dispute
Description: Includes the buying and selling of real estate, transfer of property ownership including quit claim deeds, home construction contract disputes, disputes between neighbors (e.g. property lines, infringement of view, interference with home ownership, etc.), easements (use of private property for public use), condominium association issues, landlord/tenant eviction, habitability problems, rental and lease agreements, and tenant lock-out.
GENERAL QUESTIONS:
Fraud (Usually related to a property sold with undisclosed problems, disputes or damages)
MOST COMMONLY REFERRED CASES: home construction disputes, buying and selling of real estate.
SOCIAL SECURITY
General
For social security disability (SSD), security supplemental income (SSI), and social security (SS), the LRS refers clients for an appeal when their application has been denied 1 or 2 times. An applicant first applies to receive the benefit and then if denied has the right to file what's called a "reconsideration", requesting that the judge reconsider his/her decision. If the reconsideration is denied, the client has a right to appeal the case with a lawyer who will be paid once the benefit is granted. The appeal can only be filed within 60 days of the denial. If it has been more than 60 days since they received the denial letter, the client needs to file again.
MOST COMMONLY REFERRED CASES: Appeals
TAXATION
General
Description: This panel would address all tax issues that a client would have with either the Internal Revenue Service (federal) or the Franchise Tax Board (state of California). The client may be an individual of an entity such as a business. Businesses may also have dealings with the State Board of Equalization regarding sales tax which would also be addressed on this panel.
When a client has failed to pay their taxes
Note: If a client has been charge with tax fraud, he/she should be refer to a criminal defense attorney.
MOST COMMONLY REFERRED CASES: Non-payment of income taxes.
WILLS, PROBATE, TRUSTS
AND ESTATE PLANNING
Adoption - Change of Name - Guardianship - Power
of Attorney - Probate - Wills - Trust
Description: Includes all matters related to probate and asset distribution of an estate, wills, trusts, living trusts, gifts, estate or inheritance tax issues, guardianships, conservatorships and other probate code proceedings.
This panel covers how property, real estate, money, bank accounts, securities, life insurance proceeds, pensions, personal belongings, etc. will be disposed of at death, or by trust or outright gift prior to death, including planning for maximum tax savings, preparation of wills and trust instruments, and other estate planning documents. Also included would be any dispute by a potential heir regarding the disbursement of assets at time of probate.
Conservatorship involves protecting property and/or managing the care of persons who are no longer mentally incompetent, or suffer with severe illness. Guardianship is obtained over a person younger than 18 who needs the special care of someone other than their parent. This may be necessary because of a mental or physical disability.
Jurisdiction: The county in which the person died or owns property is the county which has jurisdiction over the probate. So long as one of the criteria occurred in any of the counties that we serve, or nearby county, we can refer the case.
GENERAL QUESTIONS:
* once adoption case is closed under adoption you may want to delete or chance the name.
Power of Attorney (Medical or simple)
Revoking a Power of Attorney
(Keep in mind that in the event that there is no will the line of succession follows first to the deceased's spouse, to their children and then to their parents, if they are still alive).
***If there is a will:
Will Contest:
MOST COMMONLY REFERRED CASES: probate, estate planning, will drafting/contests.
WORKER'S COMPENSATION
General
Description: Includes all issues related to a worker who is injured on the job, during the regular course of employment, and the medical and wage benefits available to him/her through the employer's Worker's Compensation insurance company.
An employer is mandated by law to carry insurance to cover their employees when they become injured on the job. In rare instances, however, an employer may not carry such insurance to try and save money. When this occurs it can be harder for the injured party to recover damages, but there may be extra penalties assessed against the employer for operating without worker's compensation insurance. We always refer the injured worker in this case and also refer the out of compliance employer, if they call in. An employer can be referred to a worker's compensation defense attorney. In such a case, the employer (not the employee) pays $35 for the consultation.
One type of worker's compensation claim does not involve a physical injury but instead a psychological stress injury. This can arise from verbal harassment on the job, overwork, or other reasons. A stress worker's compensation claim depends upon a psychologist or psychiatrist's analysis of the client's condition and their assessment that the cause of the client's stress is their job. Often the client needs to be off work already (the longer they have been off work, the better our chances of making a referral), be under a psychologist or psychiatrist's care, and have some medical assessment, preferably in writing, that the stress is work related to successfully be referred on the panel. Note that not every attorney on this panel handles stress claims. If the client has never filed a claim, you may want to refer them first to the Worker's Compensation Information and Assistance Office at 800-736-7401. At this number, the client can get many questions answered and be oriented in how to proceed.
Sometimes an injured employee is fired because the employer says they can no longer "do their job". If the reason for firing is because of their on-the-job injury, the client may have a discrimination claim, which is also sometimes referred to by its law code number, "132A". 132A of the Worker's Compensation rules states that an employer cannot discriminate against an employee because of an on-the-job injury. Such a claim is generally handled by a worker's compensation attorney, although it happens that some clients will request a labor attorney for such a claim, even, in some instances, because their worker's compensation attorney advised them to. If there are no other employment issues, such as harassment on the job or lack of reasonable accommodations, etc., to add to the 132A claim, it is virtually impossible to refer a 132A claim to a labor attorney through the LRS. Such cases are referred on the Worker's Compensation Panel instead.
Also a client may have a third party claim if another party other than the employer was negligent in causing their injury. Be aware that a client cannot directly sue their employer, unless there is an issue of gross negligence, or in other words, and extreme breach of safety by the employer. Otherwise the injured worker's remedies are through the Worker's Compensation system which often has more limited returns than personal injury claims. If you are ever unsure about whether the client has a worker's compensation action vs. a personal injury claim, ask a senior legal analyst or the supervisor. In some instances the client will have both!
For cases that are older and farther along:
MOST COMMONLY REFERRED CASES: Injured workers, workers' compensation claims.
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