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Legal Analyst Training ONLINE Manual

INTRODUCTION

This online manual explains the office procedures and policies of the Lawyer Referral Service. It describes how to conduct a client interview, how to make referrals to attorneys, and includes a selection of verbal communication tools for how to best conduct the client interview. It also provides a listing of exceptions to collecting the consultation fee, and guidelines related to screening for ALS. Some special types of referrals through the Lawyer Referral Service for modest means clients are also mentioned here. A compendium of the different areas of law appears at the Description of Panels section. Here, each area of law is briefly described, with mention of particular case scenarios and related areas of law as they apply. A set of sample interview questions follows each area of law.

Our purpose is to refer callers to the most appropriate legal resource for their legal needs. The LRS arranges half-hour consultations for clients on both a regular fee and low fee basis at a charge of $35.00. This fee is waived for personal injury (plaintiff), most workers' compensation, some government benefits cases (SSD), bankruptcy and some consumer cases. If you believe that the client has the means to retain an attorney you may waive the fee, specially in cases where the consultation fee seems to be an inconvenient for the client. Before you waive a consultation fee, ask your supervisor for approval.

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PURPOSE OF LRIS

Lawyer Referral and Information Service (LRIS) are primarily a public service. Lawyer referral services generally are intended to help match clients who need legal services and who are able to pay at least some attorneys' fees, with lawyers interested in and equipped to handle their legal problems. The goal of any LRIS should be to refer members of the public to attorneys who are competent to handle their particular legal needs.

Although lawyer referral services provide a benefit to attorney members, their primary purpose is public service. Without lawyer referral, thousands of people would be without an agency to turn to for legal assistance. Lawyers, already perceived as expensive and inaccessible, would be even further removed from the public they are supposed to serve. The lawyer referral service reaches out to bridge the gap between attorneys and the public. By providing a valued service, the bar enhances its image as a public spirited organization, concerned about the community in which it exists.

At the same time, however, the lawyer referral program should view itself as being in "the business of public service." A well run lawyer referral service which utilizes an effective publicity campaign targeting middle income legal consumers, and others with fee generating matters, benefits panel members as well as the public. A lawyer referral service can generate income, and in some cases, become a self-supporting program.

Members of the public call the LRIS with the expectation of a referral to a competent lawyer who practices in their area of need. To maintain this very important public service, the lawyer referral program needs to have a panel of adequate size, and varied enough in geographic dispersion and areas of practice, to accommodate the needs of callers.

LRIS STATEMENT OF PURPOSE

Lawyer Referral Programs are a public service designed to: provide a way in which any person may be referred to a lawyer who is able to render and interested in rendering needed legal services; provide information about lawyers and the availability of legal services which will aid in the selection of a lawyer; inform the public when and where to seek legal services; provide general and legal information needed by the public; and direct the client to community or governmental agencies when appropriate. As a result of an effective LRIS program, participating attorneys will gain new clients and furnish a worthwhile public service.

ABOUT THIS LRIS ONLINE TRAINING MANUAL

The purpose of this online manual is to introduce the operation of the LRIS and to create an atmosphere conducive to learning. All LRIS staff are encouraged to thoroughly read the instructions, learn through experimentation and through asking questions. All questions are important to an understanding of the program and to the growth of the LRIS. It is important for all new staff to review the LRIS Training Manual. This is to ensure your understanding of the ASN's infrastructure before learning about the LRIS program.

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THE MECHANICS OF THE LAWYER REFERRAL SERVICE

The Lawyer Referral Service uses computer software to select an appropriate attorney for each client. The procedure is to ask questions prompting for the appropriate information in order to make the referral. Be sure the information is correct since it forms a permanent record of the referral in the computer system. Mistakes will hinder future efforts of tracking the case. The ability to follow the case and develop statistics is extremely important whether a fee remittance is involved or not. It is also important to keep the information correct to monitor productivity, trends and complaints and to identify problem clients. The proper procedure will keep track of who made each referral by recording the staff members initials with the referral and what the results were (consultation only, no show, retained, etc).

After you acquire all the essential information from the caller, [i.e., name, address, zip code, phone number] you should begin the search for an appropriate attorney. An important aspect of the LRIS is the rotation of lawyers. Our software program rotates all attorneys to insure a fairness in all of the referrals. Do not make judgment calls on an attorney. The attorney who meets the caller's specifications and is next on the list will appear on the screen and that is the name that should be given to the caller. You may not discriminate based on sex, age, religion, race or national origin when making a referral. You should refer the first attorney that the computer determines is suitable to handle the legal matter based on case type, geographic location and or any language or reduced fee requirement.

You must refer a client to only one attorney at a time. If a client requests more than one lawyer, you can refer him/her to an additional attorney as long as you feel that he/she has a case worth pursuing. If a client calls back with a valid reason as to why the referred attorney was unable or unwilling to consider the case, then you can refer the caller to another attorney (Click the "Additional Individual" button). If it becomes obvious the client wishes to receive the names of several attorneys by incessantly calling back, then you must refuse to make any more referrals. If there have been several referrals for a particular matter, you may want to consult your supervisor or the managing director before making any further referrals.

ASN does accept collect calls.

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THE LEGAL ANALYST

Job Summary: Interview clients by telephone, specify legal needs, classify legal issues, and refer callers with legal problems to appropriate panel attorneys. Screen clients for their income to determine eligibility for either modest means or ALS assistance. Schedule appointments with attorneys and process office forms. Make referrals to social service or governmental agencies, when appropriate. Provide other administrative assistance as necessary.

Major responsibilities:

1. Answer telephones promptly and determine reason for call.
2. Interview callers to determine nature of problem and classify legal issues to make appropriate referral.
3. Provide information to callers who want or need to contact other agencies.
4. Explain to callers the services available through the Lawyer Referral Service.
5. Screen clients for financial and case-type eligibility for modest means or ALS assistance.
6. Contact attorneys to arrange appointments, taking into consideration a client's special needs such as language, geographic location and wheelchair accessibility, while maintaining correct rotational order of the panel cards.
7. Record all necessary referral data.
8. Process confirmation forms to attorneys, clients and other staff as appropriate.
9. Confirm appointments with clients, send out disposition and client surveys; notify attorneys if an appointment is canceled.
10. Attend staff training sessions and consult with your supervisor and other staff members to ensure accurate and precise information is given to attorneys and clients.
11. Help train and assist new employees with questions about intake and referral.
12. Provide accurate information about other lawyers (Lawyer Check).
13. Follow up with all clients referred.
14. Help with miscellaneous administrative tasks (e.g. filing, mailing, faxing and folding documents).

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CASE/INCOME ELIGIBILITY FOR MODEST MEANS OR ALS

• When screening clients for their income and eligibility for the modest means or ALS programs, be sure that the legal problem also qualifies. "Fee-generating or affirmative" cases, ones in which significant money damages are possible if the client prevails, cannot be handled under these two programs and therefore are referred as regular fee cases. It is therefore not necessary to ascertain client income with affirmative cases.

JURISDICTION

• Where a client's legal matter needs to be filed depends on two criteria: where the alleged wrong or harm took place, or where the party to be sued resides. If a corporation is the party against which the client wishes to file suit, the corporation must do business or have offices in any of the counties that we serve for jurisdiction to be established here.
• Make sure the client wants and needs an appointment in the counties that we serve. Often callers think we have attorneys in other counties, which we do not. Refer the client to the appropriate state or out of county LRS, if the jurisdiction is outside our service areas. Note that in some cases, such as Personal Injury, Criminal Defense, Legal and Medical Malpractice, or Probate, or any other situation where the client may have substantial damages, an attorney through the LRS may accept such a referral so long as the county is not too distant. Be aware too that although a caller may reside in one of the counties that we serve, where they reside does not generally determine where their legal matter needs to be addressed. Despite residency here, the client may still need to call another county or state's LRS if that is where the events of the case took place or where the other party resides.
• However, some exceptions to this general guideline about residency do exist. For many areas of law, panel members can easily and readily address issues in nearby counties. In certain areas, however, such as landlord/tenant law, this will probably not be the case. This is because different counties and different cities have their own regulations and ordinances regarding this area of law. Family law cases are also very closely tied to the originating county. In the former, the client needs to file in the county where they live or their spouse lives, or where an order or divorce has already been filed; and in the latter, the client is often better served with a referral to a lawyer who regularly practices in the county where the charges have been filed. Be aware that many low-fee matters in a different county are virtually impossible to refer to our modest means attorneys because of the travel time to another county that may be necessary for filing, depositions, court appearances, etc. If you have any questions regarding the suitability of an intake on this basis, ask an experienced analyst or your supervisor.

MEDIATION

• Mediation is an alternative dispute resolution process that can be used in some of the situations that traditionally are handled in an adversarial manner through litigation. If a client is calling about a matter in which the client and the other party have some ongoing relationship or contact (family law, landlord-tenant, etc.), mediation may be an option. NEVER TELL A CLIENT THAT HE OR SHE SHOULD USE MEDIATION INSTEAD OF ANOTHER PROCESS. Rather, when completing the intake as described above, tell the client that the LRS also has a panel of attorney mediators. If the client asks for details, explain that mediation is a process in which a neutral third party helps people to resolve their dispute. You may also explain that the mediator will contact both the client and the other party in order to arrange a first meeting. If a client asks the cost for a mediator, you can explain that the cost is one shared between the two parties such that each usually pays half of the mediator's rate, which averages at $200.00 per hour. DO NOT DISCONTINUE THE REGULAR INTAKE PROCESS. If a client should call and say they want a mediator, then refer them to one if possible.

***NEVER GIVE LEGAL ADVICE!

• What constitutes legal advice as opposed to legal information is at once obvious and subtle. Certainly explanations to a client regarding their time deadlines, statute of limitations, how to appeal a case, advice on the legality of something, etc. are a few examples of "information" which is legal advice. Noting the appropriate jurisdiction for a case, or providing common sense suggestions, such as having the client call or write to, for example, the hospital administration or business about the rudeness of an employee, would not constitute legal advice. There can be gray area, however, between these delineations. It is very important, however, that when making a helpful, non-legal suggestion, that the client understand that you are not giving legal advice. It is wise to inform or remind the caller that you are not a lawyer, just to avoid any wrong perception.
• Other types of information that may not seem like legal advice, for example, commenting on the actions of an attorney who the client is complaining about, or confirming for the client that some kind of legal action should take place, may in fact be legal advice. If you are unsure, it is always best to err on the side of not commenting on what the client says, or checking with a senior legal analyst or the your supervisor to be absolutely sure.

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EXPLANATION OF FEES

FEE CATEGORIES

There are three different types of fee categories when making a referral:

Regular fee referrals are made unless it is clear that the client cannot afford to hire an attorney, or the LRIS has an alternative fee program for which the client is eligible. Attorneys on the service have agreed to have free initial consultation for up to 30 minutes. During the initial consultation, the client should discuss fees with the attorney and should request a written fee agreement. If the initial consultation exceeds one half hour, attorneys may base additional charges on their regular hourly rate, provided that they have informed the client what the charges will be. You should always collect $35.00 for the initial consultation as indicated by your computer software (The Associate).

Modest means referrals are provided for clients who cannot afford regular fee referral and meet the modest means guidelines. The guidelines are updated on an annual basis by the managing director of the program. The modest means Panel provides the public with access to LRIS attorneys who are responsive to a client's income and will charge a lower fee. You should always collect $35.00 for the initial consultation as indicated by your computer software (The Associate).

The attorney will not be required to charge a reduced fee if the initial consultation reveals that a client is, in fact, ineligible for modest means services. If a matter is subject to a contingent fee agreement, it will be treated as a regular fee referral. Income producing cases are almost always referred on a regular fee basis.

Alternative Legal Service (ALS) referrals are provided for clients who cannot afford to pay a regular attorney's fees and requiere a payment plan. Before referring any client to this service, the analysts has to make sure that the client cannot be refer to any regular or modest means LRIS panel member.

REGULAR FEE

The majority of LRS clients are referred on a regular fee basis, which means that the client does not qualify for low-fee or no-fee services. The income eligibility guidelines are on the next page. A $35.00 fee is charged to clients for referrals in all matters except the following:

• Bankruptcy
• Criminal
• Lemon Law (Consumer Law Panel)
• Family
• Personal Injury ($35.00 is charged for PI defense)
• Medical Malpractice (plaintiffs only)
• Probate (Sub-Panel of Wills & Estate Planning ONLY)
• Sexual Harrassment (Sub-Panel of Labor Law ONLY)
• SSD (social security disability)
• Unpaid Wages (Sub-Panel of Labor Law)
• Worker's Compensation (We do not handle FEDERAL Woker's Compensation related cases)

Note: It might be possible to waive the referral fee in some other instances. Please ask your supervisor for more information.

Remember: If the client decides to hire the attorney for further services after the initial consultation, fees are negotiated between the client and the attorney.

MODEST MEANS

Clients whose income is slightly above the amount which would qualify them for low cost legal services may be eligible for a modest means referral. There are corresponding modest means panels for most of the regular fee panels, with the exception of PI, Legal Malpractice, Mediation and Workers' Compensation. Attorneys on the modest means panels agree to charge eligible clients substantially less than their usual rates. With the exception of Criminal and Juvenile Law, attorneys on modest means panels do not have to meet experience requirements in the area of law for which they receive modest means referrals. If a client meets the income eligibility for a modest means referral, such a referral should be made. The $35.00 consultation fee is charged for the referral. (This fee can be waived, depending on the client's circumstances).

**Certain types of cases are never referred on a modest means basis . If a case is potentially fee-generating or affirmative , meaning the client wants to sue the other party for money, it would not be referred modest means. In such cases, the attorney will usually agree to take his or her fee based on the outcome of the case (contingency), and will not reduce their fee. Fee-generating cases are never referred on the low-fee panels.

OTHER SERVICES (ALS)

Clients who meet eligibility requirements, in terms of both income and type of case, are referred to ALS. If the client is looking for a pro-bono (free) and his/her problem does not fall into the contingecy basis type case, you should refer him to any other organization or LRIS such as the Legal Aid Foundation. Criminal defense cases should be refer to their local Public Defender's Office.

Sometimes it can be difficult to decide if a particular client should be referred to the ALS. If possible, try to ask someone in that department if a particular matter is appropriate. If this is not possible, ask an experienced LRS analyst or the supervisor. LRS does all the initial screening for the ALS, and clients should not be given the ALS number without proper screening. When a client is given the ALS number, he or she should also be told the proper times to call

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THE BASICS OF THE LEGAL INTERVIEW

The mechanics of the phone

• The phones in the Lawyer Referral Service are connected to an automatic call distribution system. This means that calls are automatically distributed in succession to all analysts who are "logged-on" to the system and are available to take a call. The specifics of the workings of the phone will be explained to a new analyst upon the beginning of employment.
• Stay "available" (the term used in the phone system for being able to receive a client's call) as often as possible so that a client can speak to you as quickly as possible. The system will give you a moment to complete all the necessary information from the previous call onto the referral program. Taking notes during an interview allows you to be able to complete the referral form at a later time when you finish the next call or when calls slow.

The primary and overall goal of the interview process

• The primary goal of the client interview is to obtain the specific information necessary for referral to a lawyer or an appropriate legal agency. Such a process requires general knowledge of a large number of legal areas and as well as an understanding of the other legal agencies and organizations in each county that provide specialized assistance. Both are required for effective client referral. Whether to intake a case or not will depend on many factors, some of which apply to all areas of law, such as jurisdiction, damages and legal time limits. The particular facts of the client's situation, however, will always serve as the principle intake guide, such that a very serious injury or an egregious breach of a person's legal rights may override the fact that the case is in, for example, an adjacent jurisdiction or one on the verge of exceeding a legal time limit.
• The overall goal when speaking with clients is not only to convey the appropriate information that best matches their needs, but also to conduct the interview with a helpful, empathetic and professional tone, listening attentively and without judging their situation. Should a client become frustrated or irate, resist rising to their level of anger and respond by speaking slowly and in a low voice. Sometimes the client needs more explanation about why you need to ask them questions or assurances that they can trust you with their information. Sometimes faulty assumptions from you or them may be getting in the way of achieving a mutual understanding. Acknowledge the client's emotion or difficulty and clarify misinterpretations you or the client may have made. The most important feature to the interview is remaining calm and understanding while obtaining the necessary information to help the client most effectively. Refer to the "Reminders for Effective Client Interview" other helpful suggestions.

How to conduct the client interview?

• After greeting the client ask him/her: Where are you located? Many analysts spend valuable time and energy talking to clients who are outside of the LRIS jurisdiccion. If the client is outside our jurisdiccion, find out if his/her case falls into one of the areas of law that our attorneys can handle nationwide: collections, criminal, SSD, SPI. If no, inmediatly refer him/her to his/her local LRIS or to ALS. In many cases we can also assist clients located near our current jurisdiccion (e.g. ventura, riverside, etc.) Ask your supervisor for more information.
• Ask the client to briefly describe his or her legal problem and guide the caller with appropriate questions to the specifics. If you can ascertain from the beginning that he or she would be better served by calling a community or government agency, then refer the client to that agency by giving him or her the phone number and any relevant information about the services the agency provides. If the agency has limited intake hours, be sure to give this information to the client.
• If you decide that the problem is one which is best served by a referral to an LRS panel attorney, then explain the services the LRS provides. Specifically, we set up a half-hour consultation for the client to meet with an appropriately experienced attorney for a $35.00 fee; in some instances, that fee may be waived and tell the client there will be no charge. Any further services and any further fees after the initial 30 minute consultation are to be arranged between the client and the attorney. It usually takes around one business day to arrange an appointment, although some cases, which are uncomplicated to refer, can be handled more quickly.
• If the client is interested in meeting with a lawyer, ask the client for their gross monthly income (that is, the income before taxes are withdrawn) to determine whether they qualify for modenst means or ALS.
• After the legal problem has been determined and the financial screening has been done, try to setup a consultation inmediatly by transfering the client to the attorney's office. If this is not possible, provide the client with the attorneys information and ask him/her to contact the attorney later that day if possible. Contact the attorney's office and leave a detail message with the answering service or machine. Ask the attorney to please contact the client if they don't hear from him/her at his/her convenience. Always try to make sure that the client is able to talk to the attorney's office the same day. An appointment may be arranged more quickly than usual, especially if the case involves serious personal injury, or an immediate legal deadline. If this is the case, inform the client that you will call him or her with the appointment information as soon as an appointment has been scheduled, usually within the hour.
• As much as possible, keep interviews concise. Make sure the caller understands how the referral service works from as early in the conversation as possible. If a caller is unclear why you are asking many questions, clarify for them that the attorneys need to know some specifics about their legal matter in order to accept the referral.
• In the event that a client becomes frustrated, irritated, or too upset, the client may ask to speak to your supervisor or Director. First, explain the situation to your supervisor. He or she will almost always speak to the client first and when necessary so will the LRS Director.

Phone consultations

• Anytime that you have a referable client on the line, you should try to connect (transfer) him/her to the lawyers office. If the client refuses to be transfer or wishes to talk to the attorney at a different time, let him/her know that his/her information will be given to the attorney's office and that his/her call will be expected. Additionally, tell the client that if for some reason the attorney's office does not hear from him/her, someone from the attorney's office will possibly contacting him/her later that day or the following day. Although in some cases it will be possible for you to setup a walk-in consultation, the phone consult allows the attorney to better understand what the client needs and decide whether the case is worth pursuing or not. Furthermore, the attorney will be able to ask the client to bring the appropriate paperwork to a second (walk-in) appointment arranged by the client and the attorney's office directly.
• It is also possible that a phone consult may be arranged when a referral has already received 1 or 2 refusals, the number of refusals used to indicate possibly not continuing to refer the client's case. Making a phone consultation for a client who otherwise was to get an office appointment is often a determination made by the supervisor. Often this will occur in personal injury, worker's compensation or medical malpractice cases, in which an attorney might not be willing to sacrifice their place in rotation for the referral (phone consultations rotate the attorney, as discussed under the section "Making the appointment with the attorney") but might be willing to provide the brief advice necessary to the client over the phone.

Processing a phone consultation

• If the phone consultation is for a matter where no consultation fee is paid, the referral is processed in the same way as an office appointment. If a fee is due, however, this can be handled in a number of ways. (1) The simplest and most desirable is to charge the consultation fee to a VISA, AMEX or MASTERCARD (only). If a client has either of these, get his or her card number and expiration date at the time of the intake. After taking the information, make sure that you read the NO REFUND POLICY to the client. Write the information and give it to the director for processing. Wait for confirmation and then immediately give the client the attorneys information. Remember to enter this information into the computer. (2) If a client does not have a credit card that can be used, he or she must send a check or money order for $35 to the referral service. The following procedures apply: The client should make the check payable to the "ASN"; the client should write his/hers complete contact information in an additional peace of paper and the check should be mailed to our mailing address, with the name of the analyst who provided our mailing address. We have to wait the arrival of the check, before a referral is made. If the client's legal problem is urgent, and waiting for the check to reach us before scheduling the appointment is a problem, the appointment can be scheduled prior to the arrival of the check ONLY if authorized by your supervisor or LRIS director. In this case, you may have to ask the attorney's office to collect the consultation fee in behalf of ASN, and forward it to us later.

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WHEN SPEAKING WITH CLIENTS...

DON'T BE AFRAID TO ASK QUESTIONS . If you are unsure about the caller's question and/or dilemma, ask your supervisor or other staff members to assist you. The managing director's office is just a few feet away so don't be shy. Also, you should be aware of the responsibilities of everyone within your department so that you will know who to ask what question. Please note that most of your questions can be answered by your supervisor.

COURTESY IS A MUST. Remember, you are representing a bar certified lawyer referral service and the legal profession when you answer each and every call. Always be professional even when the caller is abusive. If you are having difficulties with a client, place his/her call on hold and ask for assistance.

LISTEN CAREFULLY TO EACH CALLER . What specifically is the legal problem? Are there other aspects of this case that require either entering more than one case code or making other agency referrals? Don't let the caller question your competence. Take control of the situation by asking positive questions in a polite and assertive manner.

TRY NOT TO TALK TOO LONG . Remember that most everyone who calls the LRIS is experiencing a real problem. Therefore we should do our best to deal with the callers with utmost professionalism and to the best of our ability. However, you still should be aware of the time constraints. If you talk too long to one client, you may lose two others who are waiting on hold. Although you should not rush through calls and risk misunderstanding the callers needs, you should always be conscious of the calls that are on hold. Remember the limitations of the LRIS and if necessary inform the caller of these limitations. We are a referral service, not a legal aid or crisis hotline. When you have enough information to make a referral, tell that you will give him/her the name of a lawyer or agency to call and that further information should be given to the attorney or agency.

DO NOT GIVE PERSONAL RECOMMENDATIONS . Only make referrals utilizing the LRIS computer software. Do not give the callers the impression that you are personally recommending a particular attorney. Do not give your opinion regarding any of the member's performance and/or representation. For example, you should never say, "this guy's really nice, I just spoke with him yesterday. He'll do a great job for you."

DON'T PLAY LAWYER . The problem of knowing which questions you should try to answer and which ones you should not, requires good judgment. If you have any questions as to whether or not you are giving the proper information, don't hesitate to put the caller on hold and ask other staff members or consult with the managing director. You should remember that there is great danger of seriously misleading someone with incomplete or partially accurate information especially when you don't know all the facts surrounding the caller's situation. Ask appropriate questions and get concrete information. If the facts clearly do not present a legal problem and it is not appropriate for a referral, tell the client why. If they insist they want a referral, refer them to the yellow page portion of their local telephone book. Never tell a client that they don't have a case. We are not lawyers and even if we are sure of the answer under NO CIRCUMSTANCE should we say that. You can say: "You have a difficult case perhaps and you should call ______. They may be able to help you."

KNOW WHICH CALLS ARE TOO DIFFICULT FOR YOU . Suicidal callers, callers experiencing physical harm due to abuse or callers with mental disabilities are usually difficult to handle. If you are not experienced in handling such situations and there is danger present, immediately notify your supervisor or the managing director. They have more experience assisting people in immediate danger. Mentally ill callers are often manipulative and angry. If you cannot handle the caller, ask the managing director to answer the call. If the caller is abusive to you or uses inappropriate language you may terminate the call. Inform them of your intentions to terminate the call before hanging up. Be sure to inform the managing director of such a call. Don't be afraid to tell a caller that you do not know the answer to the caller's question. If the clients continues to call and doesn't stop, report the problem to your supervisor and right down the phone number of the caller. Our phone system allow us to block clients by using their phone number.

CONFIDENTIALITY OF REFERRALS

Many referral services take the position that, for confidentiality purposes, the service is an extension of its attorney members. legal analysts would thus be included within the attorney client privilege. All referral service employers should be aware that information regarding callers, their legal problems or the fact that they have sought the employment of a lawyer must be held in the strictest confidence. Whether the referral service considers itself an extension of its attorney members, equivalent to the intake office of a legal aid or legal services organization, or just a screening mechanism to refer suitable clients to lawyers, all communications from callers should be considered confidential. Any attempt to discover this information by an outside person or agency should be contested with all means at the service's disposal. Client names and case information should not be discussed outside of the office, or with non-LRS personnel.

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GUIDELINES FOR MAKING AN EFFECTIVE REFERRAL

THE BASICS

Convey a helpful tone and upbeat attitude in your voice.

• The quality of your voice matters! Studies have shown that about 80% of what people understand from a verbal communication is conveyed by the tone of voice rather than by the actual words spoken. Tone of voice, pauses, and silences can change the understanding of what you may mean to communicate. Maintaining an even, helpful tone, a bright voice and an unhurried response, help to communicate information in a positive way, even when the information itself is negative, e.g. the client's legal matter could not be referred through the service. The same applies in the alternative: Conveying positive information in a monotone voice, without an upbeat tone may cause the client to feel negative about the service, even though they have, in fact, received a referral. Remember the importance of a pleasant tone and attitude when speaking with clients.

Listen with empathy and non-judgmentally

• Sometimes the client calling in for legal services is frustrated with their legal problem or distraught and confused by the legal system. Their emotion can sometimes be displaced onto you, the legal analyst. Becoming frustrated or annoyed in response to it often serves only to escalate the client's frustration. Maintain as neutral and as helpful a tone as possible, interjecting appropriate questions to calm and guide the caller whenever possible. Acknowledging the caller's frustration is a good technique to getting past their complaint and frustration to the substance of the legal matter at hand. Most importantly, maintain an open mind to any situation no matter how small or "off-track" it may seem, offering an empathetic ear and whatever suggestions you have available. Openness and non-judgmental listening, along with empathy, are the best combination of communication techniques to establish trust and rapport with the client.

Be respectful and patient

Remember that the majority of clients who call have never had a legal problem and may have difficulty articulating the information you need to make a referral. Whether some matters are ones you have heard time and time again, or ones heard for the first time, it is important to remain respectful of the client. Exercising a willingness to stay on the line to fully understand the client's needs, legal or non-legal, is the essence of the legal analyst's job. Even when the interview does not result in a referral, a client may still appreciate you for listening to see if anything could be done. Overall, remember patience and professionalism when speaking with clients so as to best address their needs and allow them to feel they have contacted a service that attempts to assist whenever possible. By all means try to have control over the conversation and ask the appropriate questions. Some clients may want to provide with irrelevant

THE PROCEDURE

• Try to answer the telephone as quickly as possible and say, "Good _____ (e.g morning, afternoon, etc). Thank you for calling Attorney Search Network, Lawyer Referral Service, my name is __________ How may I help you?"
• Determine the nature of the caller's problem. Try to relate the caller's problem to a listed topical category. Ask pertinent questions to determine if the services of an attorney are necessary. Concrete questions should be asked.
• When you have enough information, tell the caller that you have enough information and he/she should write down a summary of the important facts to tell the lawyer.

Certain key points should be remembered while dealing with callers, such as:

• All LRIS callers do not always require the services of an attorney. If the caller is not being referred to a lawyer, the staff member should consider referring him/her to an appropriate resource that is listed in the available resource managing directories. Each staff member should be familiar with the various resource managing directories and the services provided by the entities listed within them. If you do not know what to do with a specific client, ask your supervisor for assistance.
• If a caller needs only "information," or is attempting to learn possible rights or remedies for a hypothetical situation or possible future problem, the caller may be referred to an entity that would have the information the caller is seeking. Remember that we DO NOT PROVIDE LEGAL ADVICE. We can make suggestion, but legal advice can only be given by an attorney.
• If a caller already has retained an attorney, you may want to ask the caller why he/she is seeking another referral. Many services are understandably hesitant to refer clients who are already represented. However, a rule forbidding any such referrals or requiring the client to first discharge the original attorney may be too rigid. A new lawyer may be necessary to remove the first attorney from a court case or when the caller feels his/her attorney is being grossly negligent in performing his/her duties. The original attorney may become sick, lose interest in the case, not have the resources to adequately handle it, or may be acting contrary to the desires of the client.
• Unless the client knows that there is a new attorney willing to take on the case, the client may be left with no representation if forced to discharge the original attorney before a new one is found. Also, depending on how much time has gone by and the quality of the original attorney's work, new attorneys may be reluctant to inherit problems caused by the original lawyer.
• In answer to a request for a second opinion, it is usual to make a referral when a formal case has not yet started and no lawyer has actually been retained. Many lawyers have different opinions on the value and viability of particular matters. However, if the case is two years old, a new lawyer is often unable or unwilling to give a meaningful opinion as to value because the new lawyer will have only very limited access to the facts and little or no ability to evaluate the effect of discovery and investigation that the client may not be completely aware of.
• If you have a question regarding the propriety of referring such a client, speak with a senior legal analyst, your supervisor or the managing director. The client should be aware that the prior attorney, once dismissed may be entitled to a fair and reasonable fee or have a lien on any recovery that may make it harder to find a new lawyer. Also, for other than contingency matters, there may be additional costs incurred for the time a new lawyer spends becoming familiar with the case.
• The caller may dismiss an attorney by sending a registered letter, return receipt requested. Let the caller know that it is ultimately their decision whether or not the attorney continues to work for them and urge them to discuss any matter of concern with their attorney. Sometimes these complaints involve LRIS referred cases. If so, please refer it to the managing director as a complaint.
• Once it is determined that an attorney referral should be made, ask for the caller's name and address and telephone number. If the caller is reluctant to give his/her name, explain that all information is confidential and that the name is used to provide additional protection to the client. By having the proper identifying information, the client is entitled to arbitration or mediation of any fee dispute, certain legal malpractice insurance only applies to matters referred by the service and properly recorded. The address and phone number will not given to the attorney. The name and address will also be kept on file and will be used only to verify a referral and with the client's permission, to send the client a survey asking whether the client was satisfied with the lawyer and the service. If the caller still refuses tell the caller they can call back after thinking it over. No referral should be made without a minimum of first initial, last name and a phone number. Remember that you can always use the number provided by the caller ID in your screen if necessary.
• If you have acquired the essential information and you discover that the client cannot afford attorneys' fees, you must see if the client is eligible for a modest means referral or ALS referral. Each LRIS staff member should be familiar with the requirements for such a referral as well as the attorneys' fees. This is best accomplished by reviewing the section in this page entitled, "Fee Categories."
• Referrals are generally made based on rotation and the caller's city, county or zip code. The staff member should make every effort to make a referral if the caller needs an attorney. There will be times the staff member will have to go through all several types of searches before finding an appropriate attorney.
• Keeping time efficiency in mind, the staff member should not hesitate to make several search attempts. Generally, reduced fee searches should include a broad geographic area while most other searches should be limited to a smaller area. However, legal malpractice cases are often best referred to an attorney in another county to avoid conflict of interest.
• If the caller needs an attorney who practices in another state, find the local LRIS number in the national managing directory produced by the American Bar Association which has an alphabetical listing of all the states and LRIS programs in each respective state or suggest the client to call information and ask for the county's or city's LRIS. If the caller needs an attorney who practices both in this state and in another state, the staff member should search for an attorney who can practice in both states. However, the staff member should keep in mind type of matter the caller. If it is litigation, a lawyer licensed in both states may not be helpful unless the lawyer actually has an office in the state where the accident happened and the evidence is located. In most cases, however, the case only requires an attorney in the estate where the incident took place or the party involve lives. The procedure is similar for the callers who need attorneys who speak other languages or practice in other jurisdictions.
• You may occasionally feel a sense of "burn-out." Be aware of your voice tone and level of tolerance. Don't let callers get the best of you. It is better to end a call graciously by saying, "I'm sorry but I can't help you any longer and there are several calls on hold that I may be able to help -- goodbye;" or "I'm sorry but I can't help you with this, I'll have a supervisor call you back," or "I'm sorry, but I don't believe that our service will be able to assist you with this problem, please call [ORGANIZATION] at [PHONE NUMBER];" than to continue in an unproductive conversation. If you find yourself "burned-out," discuss the situation with your supervisor. TAKE A BREAK!!!! If the "burn-out" continues, please bring it to the attention of the managing director. If you are having personal problems or other difficulties that are keeping you distracted or worried, please feel free to speak with your supervisor or managing director about them. It is not good for you to continue answering the phone, if you are not feeling well physically, mentally or emotionally. Don't be afraid or asking for advise or a break.
• DON'T GIVE OUT LEGAL ADVICE. This is an extremely important guideline to keep in mind while speaking to callers. Remember, you don't know all the facts and elements of the case. You will generally be limited to a two or three minute telephone conversation during which you should be careful not to advise legal action or make definitive decisions on the merits of a legal case. If you are not a practicing attorney, you could very well do more damage by going too far. If the caller asks for a legal opinion, tell the caller that you are not an attorney.
• Even if you are a lawyer, unless you are part of a legal advice hotline you should tell the caller that you can only give basic information but cannot represent the caller or advise the caller what action to take. This does not mean that you should refer every caller to a lawyer. If it is clear that the case is too old, or too small or that the caller cannot be helped by a lawyer on your panel you can inform the caller that you have been told not to refer this type of matter. Unless you exercise some discretion in deciding what matters to refer, your service may have trouble keeping good lawyers on your panels.
• DON'T PLAY COUNSELOR OR SOCIAL WORKER. Inform callers about the options available but let them make their own decisions about contacting an agency or an attorney. It is essential that the LRS staff stand by its policy and not give legal advice unless it has a brief legal advice component. Also, remember that you are not a suicide hotline or a family counseling center. If you are aware of a service that gives advice, such as a legal advice hotline, suicide prevention hotline, clinical or social service program, you may refer the caller to that program. Since most people can afford $35 for an initial consultation, our service is a way to assist them in getting the questions answers, but remember that most attorneys provide legal advice in the hourly basis only.
• If you know what legal information applies to a particular situation (e.g. residency requirements or other procedural information), you may provide the caller with it. The distinction between legal advice and legal information is often difficult to determine, when in doubt consult your supervisor or managing director. Staff can provide information about options to legal services in certain instances, such as providing the telephone numbers for court offices and sending callers brochures on various legal topics without giving legal advice. This is part of the "information" component of your service and is a true benefit to the public. It is also one of the reasons clients contact a LRIS as opposed to calling a lawyer directly. The LRIS is in a position to help see that the caller finds the appropriate resource. Providing this service for the potential legal consumer is simply "good business."
• WALK-INS. We do not offer "walk-in" referrals. Many referral programs do not allow walk-ins due to security concerns. If a client request a meeting with you or want to come to our office, tell him/her that we only setup consultations over the phone, and they will have to go to the attorney's office, not ours. You should never give our physical address or fax number to anybody unless previously authorized by the managing director. If a client want to send the referral fee with a check or money order, you can give them the following mailing address: 16161 Ventura Blvd. # 672 - Encino, CA 91436. The check or money order should be payable to ASN, and an additional piece of paper with the contact information of the potential client and any other person involve must be always included.
• Many people call expecting to be advised by an attorney. Be sure that they understand that this is not the function of the referral service and that you are limited to referring a lawyer, agency, or providing pamphlets or very basic information. If you decide that it is appropriate to make a referral, follow the regular procedure.

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TELEPHONE TECHNIQUES & ETIQUETTE
Recommendations and Morale Builders

Answering Calls for Others:

• Never let a telephone ring unanswered. Do not let it ring more than three times.
• Identify the location the caller has reached and identify yourself (first name only): "Good _____ (e.g. morning, afternoon, etc). Thank you for calling Attorney Search Network, Lawyer Referral Service, this is ______, how may I help you?"
• If the call is for someone else who is not available, discreetly explain that the person they are calling is unavailable. Ask the client if the wish to be transfer to their voice mail or indicate the appropriate time of their return. Do Not Say: "She's still taking a break," or "I don't think she's come in yet." Say "Berenice is unavailable right now, would you like to leave her a voice mail or would you prefer to call her after ____.?"
• Offer Assistance:
• Volunteer Help: "How may I help You?" or "May I help you?"
• Offer to Refer the Call to Someone Else: "If you'd like I'll see if Linda, our legal analyst, is available to help you."
• Offer to Take a Message for a Callback: “May I say who is calling? ”
• Placing Calls on Hold: Ask if the caller would mind being place on hold. Most people will not mind.
• Be truthful. Let the caller know exactly what you will be doing while he/she is on hold. Let the caller know how much time you think it will take.
• Check back with the caller every 20-30 seconds. This will assure them that you have not forgotten them.
• If the caller is unable to hold, ask to take a message and have the call returned later.
• Apologize for delays of more than 20-30 seconds.
• Thank the caller for holding.

Transferring Calls:

• Advise the caller that you will transfer their call.
• Tell the caller the name of the lawyer or organization to which he/she will be connected.
• Transfer, and when possible, wait (monitor) to ensure the connection is place to the proper person.

Handling Angry Calls:

• Allow clients to vent their feelings.
• Use listening responses: "Yes ... I understand ... uh-huh"
• Listen for feelings as well as facts.
• Express regret for the caller's feelings or the situation.
• Ask open-ended, fact-finding questions.
• Either handle or refer (transfer) the call.
• If you handle the call, allow the caller time to vent their anger. Then confirm all the information. (A good technique when a caller is crying or emocionally distressed is find a excuse and to place them in hold for a few seconds - 15 to 30. Then take the call again and continue with your questions. In most cases this is long enough for them to cool down and be more cooperative.)
• Find out what the caller wants you to do and, if you cannot do it, suggest alternative solutions that are allowed within your program's policies.
• If the client is not satisfied with your solutions, refer him/her to your supervisor or someone higher up than you. Do not refer the client to someone at your own level because this will make him/her feel shuffled around.
• Never argue with the client.
• Thank the client for their comments.
• Allow the client to hang-up first.
• Inform the appropriate people in your organization about the call and it's resolution.

PROBLEM CALLERS

Nowhere is the old saying "the squeaky wheel gets the most grease" more true than in the case of problem clients. Lawyer Referral Service staff can easily make several referrals, catch up on the day's filing and take a coffee break in the time it can take to deal with one problem client. Since these types of calls will always be part of any LRS program, it's useful to consider how best to deal with them.

The first consideration should be how the caller is causing the problem. Is he/she rude, upset, incoherent or all of the above? Your approach will be different if the caller is impolite than if he/she is in tears.

Often callers are discourteous out of sheer frustration with trying to find the right agency to deal with their problem. We all know the feeling of being given one phone number after another by people whose job descriptions don't quite encompass answering our particular questions. This is the easiest type of problem client to deal with since often times a genuinely helpful tone from you will eliminate the problem.

A caller who is upset may have very good cause to feel that way. It is important that you determine the cause of the caller's concern. If the caller is upset because of something a panel attorney has or has not done, it is in your interest to know about it. In most cases, the problem is one of poor communication between client and attorney, and you can often help simply by letting the attorney know that the client is unhappy. However, if it appears that there is a real problem with the attorney's actions, better you be aware of it at the earliest possible time.

Some callers are a problem because they just are not able to make themselves understood. Although these calls can take an inordinate amount of time, a careful line of questioning and a lot of patience will usually address the problem.

There are some basic assumptions to keep in mind and some simple techniques to use in handling problem clients. First, there is always more than one side to a story. If the caller is complaining about a panel attorney or about one of your staff, you can be sure that you are hearing only one version of events. Listen carefully to the caller's gripe, but be certain to get the other person's account before taking any action.

Beware of the caller who has been transferred to you as a "problem client" yet who is exceedingly reasonable and polite towards you. Chances are this was not the tone he/she used with your staff person. Often callers have insisted on speaking with a supervisor because they don't like the answer they have received from your staff member or panel member. They are hoping you will have a different answer.

The most effective demeanor you can assume when dealing with problem clients is one of calm. Make a point of lowering your voice one octave each time they raise theirs. Don't argue-state your position and if the caller will not accept it, so be it. You can often avoid a clash with irate callers by asking them to call back after you have had a chance to examine whether you can be of assistance. Often their mood will have moderated. Also, they are likely to be more receptive to what you have to say since you clearly have made an effort to assist them, even if ultimately there is nothing you can do to help.

It is a good idea, and you can save time later, to take notes when talking to someone with a complaint, or who is otherwise hard to handle. Keep a file or computer record for "problem clients" so that you don't have to cover the same ground if the person calls again, as they often do, a month later with the same demands. However, no matter how well you think you are prepared, some "problem clients" will get the better of you. Always stay calm and if you find that you are unable to handle the caller, refer it to your supervisor immediately.

Below are four different categories of problem callers. This following information should be helpful in dealing with the various types of problematic callers:

1) The Talker: This individual tends to be an older person (but there are young droners as well) a telltale signal that you are beginning a conversation with a talker is when you hear opening phrases like the following:

• "It all started in 1953 when..." or
• "It's a long story and I'm going to have to start from the beginning..." or
• "I really have five different cases..." or
• "So I said... and then he said... so then the doctor said..."

Problem Areas:

• Lengthy calls take too much time away from other callers and from the others who work on the staff.
• Staff handling such calls run the risk of being drawn into the caller's story and either: giving legal advice or giving sociological/psychological advice. Avoid this situations as much as possible.

Solutions:

• Briefly explain that while the attorney or agency to which you will refer the caller will need all the details, all you need are some basic facts.
• Ask specific questions to elicit relevant information, even if it means interrupting the caller. Using the word Stop is often more effective than just trying to talk over the caller.

2) The Complainer: This person is unhappy but is not yet to the point of serious anger and rudeness (see "the fighter"). Usually, the Complainer is upset about one of the following issues:

• "I had an attorney and he never returned my calls and I still don't know where my case stands" or
• She said "I can't be referred to an attorney - why not?" (Note: this differs from the Fighter's response only in tone) or
• "Why can't I see a lawyer on Sunday afternoon within a mile from my home?"

Problem Areas:

• Complaining calls tend to take a long time to handle (see "the talker")
• Complainers tend to frustrate the staff who are trying to help them .

Solutions:

• Be sympathetic but brief, then move onto the relevant issues at hand.
• Use the time-tested "shrink's" method of empathizing, e.g. "You must be really frustrated with that attorney, but hopefully we can refer you to one who can clean up the problem," or "I know you've been on hold a long time and I apologize. If I were you, I'd be upset too, but we are a small organization and we can only afford to hire a limited number of staff. Can I help you now?"
• Offer to accept written complaints about the panel member of LRS related problem in question. Follow up promptly to written complaints even if only to say your committee or Executive managing director is studying it. Act on complaints about panel members.

3) The Fighter: This person is really angry right from the start. He/she may be one of the "demanding poor" or someone who has been shuffled from agency to agency and cannot seem to get help. The caller may be legitimately angry over a previous experience with an attorney or over some error created by your own LRS. Often, however, the person on the other end of the line is just a jerk.

The Problem:

• Nobody likes a screamer. Angry callers can raise a staff person's blood pressure beyond endurable limits. Often, one is tempted to scream right back. Resist the urge.
• At the very least, an angry caller takes a long time to calm down (see "the talker").

Solution:

• The best way to handle an angry caller is not to provoke him/her. If you have handled his/her legal matter with care, if you have referred him/her to an appropriate agency or panel member, if you have a written complaint mechanism by which he/she can voice frustration with you or his/her attorneys, you may be able to avoid a shouting match. However, some angry callers are an inevitable by-product of referral work.
• If the caller is angry at someone/something outside the LRS's control - remember that our legal system can be very frustrating and many callers are justifiably angry. They do not, however, have the right to turn that anger towards you. Be sympathetic and helpful, but when you are the target of the caller's anger, politely but firmly (do not yell back) inform the caller that you will hang up the phone, if he/she continues to speak in that way.
• If the caller is angry at someone/something within the LRS's control - Admit your mistakes. Don't try to cover up a goof. We all make them. Sometimes just "coming clean" will calm a fighter. Also, be willing to give your name and the name of your supervisor, if asked (You may wish to call your supervisor to warn his/her of an impending complaint.) If the issue which angered the caller is not a mistake, but rather a policy or practice which the caller feels is inappropriate ask him/her to put the complaint in writing to be reviewed by your committee. (See "the complainer").

4) The Loon: Every LRS has these.

Problem:

• Talking to people about the microwave/neutron/radio waves which they are receiving or the fact that the FBI/CIA/President is reading their mail, monitoring their calls or following them on Martian odysseys is not a productive use of LRS staff time.
• It is hard to get these guys off the phone (see "the talker".)

The Solution:

• Humor - sometimes you can humor these guys off the phone.
• They have often tried several other sources and if you tell them that you only have lawyers for more basic types of matters they will often accept that.
• Referral to social service agency - many of these callers will be best served by talking to a professional outside the legal area - most communities have mental health clinics.
• Referral to Attorney - sometimes these seemingly crazy callers have very legitimate legal needs. If you think a caller may have one, you should refer him/her to a sympathetic attorney. Be sure to caution the attorney about the eccentric behavior of the caller first.

Note: Our current phone system allow us the luxury of blocking "annoying callers". Although this should always be the last resource, sometimes the only way to stop somebody from calling continuosly is to block their number. Remember tha any number of any annoying caller can be added to our system only if the managing director approves it. Make sure to ask your supervisor for more information about this procedure.

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FILLING OUT THE REFERRAL FORM IN YOUR COMPUTER
(The Associate)

• Fill in client's first and last name. (Use the "TAB" key to go to the next field. Some fields will be fill automatically for you)
• Fill in client's mailing address. It is particularly wise to ask the client if it is okay to send a survey to their homes (e.g., in family law cases). If for any reason the survey is not going to be sent, immediately check "EXCLUDE". This field can be found under the e-mail address field)
• Fill in client's "MAIN" and "ALTERNATIVE" phone numbers (Again, make sure it is not a problem for the client to be called at home or at work.)
• Fill the "E-MAIL" field if applicable. This field can also be use if a third phone number is provided by the client.
• Fill the "SOURCE" field by asking the client: how did you hear about our services? or what number did you dial?
• Go down to the "COMMENTS" field and type relevant information about the client, the case or the attorney's office. If an online referral, type the "keyword" as it appears at the bottom of the page. If the client is transfer to a person other that the attorney, type the name of this person here. If the attorney's office provides you with their own case ID number, type this number here. The information typed in this field won't appear in the referral confirmation letter, and it is for internal use only. Ask your supervisor for assistance on what type of information should go here.
• Fill the "NOTE FOR INDIVIDUAL" field and type a brief description of the client's legal problem with enough appropriate detail. This field will help us and the attorney to understand what the case is or was about.
• Go up to the "TYPE" field and select the appropiate area of law. If the client requires an attorney to handle more than one area of law (e.g. Business and Family), use the "TYPE 2" or "TYPE 3" field to find him/her.
• Select the appropriate county using the "GEN LOC:" field.
• The unmarked fields under the "TYPE 1, 2 and 3" fields should be use to add additional screening properties to your search such us "language", "certified specialists", "hourly rate" and more.
• If a referral fee is paid by the client, go to the "PAY TYPE" field in the top right corner of the window. Select one of the options and if a credit card is being use, remember to process it before providing any information to the client.
• Once you have process the referral fee, press the "LIST" button. You will see a list of attorneys that match the search requirements. Contact the first attorney in the list and try to setup a consultation for the client. If the attorney is not available leave a message and provide the client with the attorney's information. If the attorney is available finish your call by tranfering the client to the office.
• If the attorney provides you with a specific date and time for the appointment, please enter it in the "APPT DATE & TIME" field.
• Double click the attorney's name. The screen will prompt a couple of windows. Click NO for everything except to the ones regarding the FAX. Click YES to them and wait for a few seconds while the program process the information.
• When you are finish, press the "ADD NEW RECORD" button to clear the screen.
• All other fields and check boxes should be left untouch. If you have any problems undertanding these instructions, feel free to ask your supervisor or another analyst for assistance. You will recieve training before you even begin using the program, but it may take a while for you to understand everything. DO NOT be afraid of asking for help if needed.

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MAKING THE APPOINTMENT WITH THE ATTORNEYS
Rotation; Confirmations and Cancellations of Appointments

• Always call the first appropriately qualified attorney in rotation.
• If the attorney is not available for whatever reason, such as being on the phone, out to lunch, in conference, etc., and you are not sure if he/she will be willing to take the case, you can always wait an call the client back within an hour or so, after you have talked to the attorney about the case. If the attorney wants the case, provide him/her with all the information and call the client inmediatly. DO NOT forget to enter the information in the referral program. In some cases you may have to use "DEF" option under the "STATUS" field. This will allow you to enter the clients information without rotating any attorneys. Ask your supervisor for directions on how to use this feature.
• If the attorney refuses the referral on the merits of the case (i.e. the money involved is too small, there is not much chance of success, etc.), talk to your supervisor about it. It is not a good idea to collect any referral fees if the case does not have enough legal grounds. Most attorneys will probably refuse to take the case, and we will have to credit the client back. Most of this cases might be better handle by other agencies or by ALS.

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CONFIRMING AND CANCELING APPOINTMENTS

It is the responsibility of all of the analysts to insure that appointments are confirmed or canceled. Clients are usually instructed to call to confirm at a certain time. Regardless of this, every analyst is usually assigned the task of calling the clients for whom referrals have been made the previous day to help assure that appointments get confirmed. All appointments should be confirmed or canceled within 24 hours of the referral date.

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LAWYER CHECKS

The reason for the lawyer check is to provide information to consumers about lawyers that they have already retained or that they have in mind.

Questions?

• What is the name of the lawyer?
• Where is he/she located?
• Did you already retain this lawyer or where you thinking about hiring him/her?
• Do you know what type of law does he/she practices?
• READ THE DISCLAIMER (Do not provide any information or say anything about the attorney before you read the following disclaimer: "The information that I am about to provide you does not represent or imply the legal ability, competence nor our opinion of the lawyer in question." )
• Read the information as it appears on the website

Example:

• Mr. Jack Diamond is being in practice since 1966, he is a member of the district 7 in the county of Los Angeles.
• He is located in Tarzana, California. He attended UCLA Law School and USC undergrad.
• Mr Diamond does not show any specialties or certifications though he is able to practice Family law
• This member has no public record of discipline with State Bar.

Offer our service

• Have you talk to other lawyers about his type of matter?
• Say: "We usually recommend to talk to a certified specialist or someone that has several years of experience, with a clean record."
• Offer: If you would like, I can refer you to a lawyer that meets that profile.

Frequently asked questions?

Caller: I want to know what area of law does Mr. Diamond specializes in?

Analyst: He is not a certified specialist in family law (say that only if there is such certification).

Note: If there is not a State Bar certification, you should say: "Based on his/her records is hard to say what area of law he/she specializes in." (Remember that all certified areas of law are maked with a - See the Intake Call Guide for additional information.)

I would like verdicts and settlements?

• Remember taht we only offer that information for serious injury cases. If they have an valid injury case immediately transfer the call to the managing director.
• For any other area of law you should say there is not such thing for family, criminal etc. Winning and loosing is very subjective and it cannot be quantified. Eg. If somebody is charged with second-degree murder and the cases is dropped to a involuntary manslaughter. Is that consider to be a win or a loss. it depends on the circumstances of the case.

Other factors to consider:

• If somebody has a lawyer and is happy with their attorney there is no need to offer them a lawyer.
• If somebody is unhappy and if they have a case you should try to refer them to a lawyer.
• If you call to do a lawyer check and a law office or other legal service answers you should hang up and immediately and inform the director.
• Anybody who becomes rude, confrontational or starts asking too many questions should be refer to the director or supervisor for further help.
• If somebody needs to check on a lawyer in a different state for any matter other than criminal, collections, social security or serious injury should be refer to their local bar association.

Ratings

Ratings are the confidential opinions of judges, trial lawyers and other peers. In the United States, 43% of the active lawyers are rated. Omission of individual lawyer ratings should not be construed as unfavorable.

Meaning of ratings

• CV Rating is an excellent first Rating and a statement of a lawyer's above average ability and very high ethics.
• BV Rating is an indication of an exemplary reputation and well-established practice. A typical lawyer is in mid-career, with a significant client base and high professional standing.
• AV Rating shows that a lawyer has reached the height of professional excellence. He or she has usually practiced law for many years, and is recognized for the highest levels of skill and integrity.

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HOW TO LEAVE A MESSAGE?

For finds:

• My name is ________. This message is for ________ (client's first and last name). I am calling you back from Attorney Search Network, State Bar certified Lawyer Referral and Information Service regarding your request for a lawyer referral. Please call me back at your convenience at Toll Free __________ Ext. ___. Again my name is ________, and my number is Toll Free _________ Ext. ___. Thank you.

For Checks:

• My name is ________. This message is for ________ (client's first and last name). I am calling you back from Attorney Search Network, State Bar certified Lawyer Referral and Information Service regarding the information that you requested on a specific attorney. I did find some valuable information for you. Please call me back at your convenience at Toll Free __________ Ext. ___. Again my name is ________, and my number is Toll Free _________ Ext. ___. Thank you.

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ANECDOTES

The following examples are meant to demonstrate the function of case categorization. The first step is to determine the general "type" of law the caller's problem should fall under based on the panel of law offered through our service. It is imperative that the staff is familiar with this information in order to make an appropriate referral.

"I'm not receiving proper SSI benefits, and need help cutting through the red tape."

• Course of Action: If you have lawyers listed for SSI, you can make the referral, check with your Social Security lawyers as to whether attorney's fees are normally awarded for this in your jurisdiction. If no fees are generally awarded and the client cannot hire a lawyer, refer the client to their local legal service agency.

"I was injured while working on a ship and have not been successful in collecting my medical expenses."

• Course of Action: Refer the caller to an attorney who is familiar with Admiralty Law/Personal Injury.

"I have many personal debts which I can't pay and what to know how to file bankruptcy and how it will effect me in the future."

• Course of Action: Suggest that the client contact their local Consumer Credit Counseling Service if the client wishes to receive financial counseling. You may want to refer the caller to the Bankruptcy Court for basic procedural information. However, if the caller can afford an attorney referral and wants to be referred to an attorney, refer the caller to an attorney experienced in Personal Bankruptcy or CH 7.

"I have a contract with a painter to paint my house. The painter did half the job and has not shown up for a week and also does not answer his phone. I've already paid him in fall and want to known what sort of action I can take to get him either to finish the job or to get some of the money back."

• Course of Action: You should ascertain whether or not Small Claims Court is appropriate. If the case involves more than the Small Claims Court limitation ($5000), then refer the caller to an attorney who deals with both contract litigation and consumer protection.

"A man bought a car from me a year ago, and was supposed to pay me over a twelve month period. He paid for the first six months but now says he does not have the money to pay me anymore. Do I have any recourse?

• Course of Action: If the claim is over the Small Claims limitation, then an LRS referral is most appropriate under collections.

"I plan to open a retail store in this city, and would like an attorney to draw up incorporation papers for me."

• Course of Action: Refer the caller to an attorney who handles for profit incorporation for businesses.

"I was arrested for driving under the influence of alcohol (DUI) and need an attorney to represent me."

• Course of Action: Refer the client to an attorney who handles Driving Under the Influence, or Driving While Intoxicated. If you do not have a subcategory for that, the caller may be referred to a lawyer who handles criminal cases. If ability to pay a lawyer appears to be a problem, the staff a member may want to ask basic income questions and whether the caller has requested a court appointed attorney.

"My child has a learning disability, and the city in which I live cannot properly educate him and refuses to pay for him to attend private special education schools. What steps should I take?"

• Course of Action: The caller needs an attorney that is experienced in Education Law.

"My wife and I are separated and she will not let me see my son. What are my rights as a father?"

• Course of Action: Inform the caller about the agencies in his area that deal with family issues, especially those which deal with fathers' rights. Also, if the client requests a referral, refer him to an attorney that is familiar with family law/support and custody matters.

" I am here on a student visa and I would like to move here permanently. How do I go about doing this?"

• Course of Action: The caller should be referred to an attorney who handles Immigration Law.

"I was fired for no reason. What can I do about it?"

• Course of Action: As the caller if he/she feels discrimination was involved and if so what type. Also determine if the caller was in a union or a government employee. In each of these cases, the caller should be advised to first attempt to seek a remedy by going to appropriate authorities. If the caller is a private, non-unionized employee then a wrongful termination attorney should be referred.

"I have a tenant who has not paid rent in four months, how can I evict him?"

• Course of Action: Ask specifics about the case and refer the client to a Landlord/Tenant Law attorney who represents landlords.

"I invented a new kind of electronic devise, it's top secret, and I would like to talk to my attorney about getting some protection for it."

• Course of Action: If the caller would like to be referred to an attorney, you should refer him/her to an attorney that handles patent matters.

"I would like to write a will, I'm ninety five years old."

• Course of Action: See if there are any agencies in the caller's area who draft wills for elderly people at no charge. However, if the caller indicates that she/he has substantial assets or is worried about issues related to nursing homes, or if the caller is looking for a private attorney, refer the caller to a lawyer experienced in Elder law or wills, trusts & estates.

"My wife and I are purchasing our first home, we need an attorney to help us with the purchase and sale agreement."

• Course of Action: Refer the caller to a residential Real Estate Law attorney.

"I want to start a business and I want to be advised regarding the tax ramifications of starting a partnership versus a small corporation."

• Course of Action: Refer the client to an attorney that handles both Business Law and Tax Law.

"I need an attorney can help me sue my doctor. He put a cast on my leg after an accident I had and I am still suffering after three years."

• Course of Action: Refer the client to a medical malpractice attorney.

"I had a contract to play with a band for three performances. They called and canceled the contract the night before the first engagement. Do I have any recourse?"

• Course of Action: Find out whether the amount of the contract is within the small claims limit. If not, refer the client to an Entertainment Law attorney who also deals with contract litigation.

"I want to take someone to Small Claims Court, can you give me an attorney's name?"

• Course of Action: Tell the caller an attorney is not necessary for Small Claims Court. Give the caller the number of the Small Claims Advisory Board for procedural information.

"I think the CIA is working together with my wife, my employer and my kids to get me deported to a deserted island. I'm a born and raised American citizen. They think my presence here is going to upset the entire American economy because I bake the best cookies in the world and I may monopolize the cookie market. I have proof, I found an airline ticket to a place I never heard of on the dresser. What should I do?"

• Course of Action: Staff members will get calls like this. Often the caller is confused or maybe even be mentally ill. Be sure to treat such callers with the same respect you would another caller. If the caller's fear is this specific, you can tell him/her that citizens who were born in this country cannot be deported.

If the caller's story is clearly crazy and there is no legal basis, do not make a referral. Otherwise you will have angry panel members who withdraw from your panels. However, remember that crazy people can have good cases. Try to listen and develop an ear for reality and whether anything can be done. In some cases, conferencing the call with a supervisor, or even with a panel member before making a referral is helpful. If someone says that their therapist told them to call and the story still sounds too crazy, you can ask for the therapist to call and help you understand how a lawyer will be helpful.

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DIFFICULT OR FREQUENTLY ASKED QUESTIONS

EFFECTIVE LRIS CONVERSATIONS BASED

ON SAMPLE CALLS

The following cases are examples of "typical" calls that are received on the LRIS telephone lines. These hypothetical calls outline appropriate responses to certain questions asked by the callers, how to acquire additional information from "hard to handle" callers and general information that must be given to the caller. Although all cases are unique, these are meant to assist you in understanding the most diplomatic ways to handle common and sometimes difficult situations.

CASE I : Low Income Clients ( We do not offer pro bono services directly, but the other entities are available to accept such cases. If the client might be able to make small monthly payments, refer to ALS.)

Staff : Good ______! Lawyer Referral Service, my name is _______. How may I help you?

Caller: I was referred to you by __________. I want a divorce and I can't afford an attorney.

Staff: Where do you live?

Caller: I live in _________________. I'm on welfare and my wife has no income.

Staff: Have you contacted any free legal service agency?

Caller: I called _________. They are not taking any new cases.

Staff: There is another free legal service which covers your area, please contact them to see if they will help you. Their number is: ___________________. Try that number and see if they are able to offer you some assistance. They do handle divorce.

Caller: There's so much red tape, can't you just give me a free attorney now?

Staff: I'm sorry but the LRIS does not offer free legal representation.

Caller: Okay, I'll try this number.

Staff: Thank you for calling, good bye.

******

CASE II: Determining what type of lawyer caller needs

Staff : Good ______! Lawyer Referral Service, my name is _______. How may I help you?

Caller: I need a lawyer.

Staff: Please tell me briefly why you think you need an attorney.

Caller: I had a car accident, and I'm having difficulty collecting from my insurance company.

Staff: Who's working on the case? A lawyer or an insurance agent?

Caller: No one.

Staff: Where would you like the attorney to be located?

Caller: I don't care, just give me the best attorney you have.

Staff: We base our referrals on case type and requested geographical location.

Caller: If you don't rate your attorneys, how are you any better than my local yellow page book?

Staff: (Here is where you can tell the client what your requirements for panel membership and for this panel are. It is clearly an advantage if you can say that the lawyer had to meet objective experience criteria and some formal approval process. Otherwise, you can relate the liability insurance requirement and any other factors that do in fact distinguish your lawyers from general yellow page ads.

Caller: I see, I live in ( ), but I work in ( ). I would rather an attorney in the ( ) area.

Staff: Fine, may I have your name and telephone number?

Caller: OK, my name is _______________. My telephone number is _____________. Do you need my address?

Staff: Yes, please.

Staff: The name of the attorney is __________. His/her address is __________. When you contact the attorney to arrange for an appointment be sure to tell him/her that you were referred to by the ASN's LRIS. Since this is a PI case, the attorney will not charge for the consultation. (Most of the time you will be transfering the client to the attorney's office. Once you complete the transfer listen to the conversation for a few seconds to ensure that the client is being helped.)

*******

CASE III: Callers who want numerous referrals

Staff: LRIS, may I help you?

Caller: I would like a list of divorce attorneys in the ___________ area.

Staff: Do you have an attorney now?

Caller: No.

Staff: I can refer you to an attorney in the __________ area who handles divorce cases, but I can only give you one referral at a time. We do not provide lists of attorneys.

Caller: Oh, can't you give me more than one?

Staff: No, LRIS policy only allows me to give one name at a time. If the attorney does not work out or cannot take the case than you can call back for another name, but you must, first, contact the attorney I give you now.

Caller: OK, if you can only give me one name than who is it?

Staff: First, I'll need your name and telephone number.

Caller: My name is ___________. My telephone number ________________.

Staff: The initial consultation with the attorney is only $35, but if you go beyond that you should discuss further fees with the attorney. Now, if that attorney is for some reason unable to assist you, we can provide you with a second consultation without any additional cost.

Caller: OK, I'll take the attorney's name.

Staff: We need to pre-collect the initial consultation fee with a credit card over the phone. If you don't have a credit card, you can send us a check or money order.

Caller: Can I pay the attorney when I get there.

Staff: Unfortunately no. The attorney requires that we pre-collect the consultation in order to guarrantee that you will be at his/her office at the time of the consultation.

Caller: Never mind then. Thank You.

Staff: Your welcome and thank you for calling.

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