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BCBA Lawyer Referral Service Rules and Requirements
Rules and Requirements
A lawyer submitting an application for membership in the Butler County Lawyer Referral Service must meet the following requirements and agree by the following rules:
- Membership is limited to individual attorneys who currently maintain an office in Butler County. Law firm listings are not permitted; however, an individual attorney may include the name of her/his firm as part of the office address.
- The attorney must be a member in good standing of the Butler County Bar Association.
- The participating attorney must certify that she/he is engaged in active legal practice in all areas indicated on the application form. Participants should limit their designated practice areas to those subjects in which they have proficiency. Referrals for felony criminal cases and medical malpractice cases require additional certifications.
- The participating attorney cannot be the subject of current suspension or disbarred.
- The applicant must submit each main panel area of practice in which she/he enrolls.
- The applicant must maintain and provide suitable evidence to the Association that she/he has in effect coverage under a lawyer’s professional errors and omissions liability insurance company in the amount not less than $100,000.00 for loss arising out of one incident, and $300,000.00 for losses arising in any one year.
Rules governing Referrals:
- All cases will be assigned on a rotation basis amongst those attorneys who indicated they practice within a designated area of law. In the case of a conflict of interest, the referral attorney shall instruct the applicant to contact the Referral Service for assignment to another referral attorney. The initial referral attorney should call the Association to notify it of the reason for the applicant’s return.
- Referred clients will contact the attorney directly and identify themselves as such. Additionally, the attorney will receive the referral from the Service via fax or other method as they request. After the referral has been made, it becomes the duty of the client to arrange an appointment with the attorney.
- The participating attorney agrees to accept all initial referrals except in the areas of practice not handled by the attorney or where a conflict of interest is apparent. Nothing herein shall obligate the attorney to provide any services beyond the initial ½ hour consultation.
Modification of Rules:
The Butler County Bar Association reserves the right to amend or alter the rules of the program at any time when necessary or appropriate to do so.
Butler County Fee Reduced Referral Program
Statement of Purpose
The referral service seeks to serve a segment of the population in need of legal services that is neither serviced by the existing legal aid system or lawyers in private practice. Current legal aid standards would disqualify a member of a family of four with total income of $25,813.00 a year. Through this program, experienced lawyers could perform a public service and younger attorneys could be matched up with clients who could help build their practice. Persons eligible for the referral service are those applicants whose incomes exceed legal aid standards by $10,000.00 or less. Thus a family of four earning a total of $35,813.00 or less, would be eligible for the program. These figures will vary as legal aid standards change.
- Covered Services. This referral service will cover all areas of law that the lawyer chooses except contingent generating cases.
- Administration. Legal Aid or the Executive Director will request information on income levels from applicants. In the event that the applicant fails to meet Legal Aid standards but meets those of the referral service, the applicant will be sent to the Butler County Bar Association. Butler County Bar Association will provide the applicant the name of an attorney who has agreed to participate in the specialty area involved. The lawyer may inform the executive director at any time that they are no longer accepting fee reduced referrals after receiving and agreeing to accept at least two.
- Fees and Retainers Fees shall not exceed $65.00 per hour plus costs. Initial consultations will be provided under the same terms as the referral program. Individual attorneys will be responsible for billing and retainer procedures. While retainers may be charged, the attorney should bear in mind that persons referred through the referral program have limited means and are not expecting to be charged a retainer. Therefore, any retainers should be small and reasonable in light of the purposes of the project. Flat fees and non-refundable retainers may not be charged. Exceptions to the flat fees are preparation of wills, living wills, powers of attorney, deeds, and related real estate documents.* If the attorney accepts an equitable distribution case, and the client receives a cash settlement of $10,000.00 and greater, or a non cash asset settlement of $20,000.00 and greater, or a combination of both, the attorney shall incorporate a sliding fee schedule of their choice into their fee agreement to adjust the fee to such a situation. If a client appears to be having difficulty with the retainer or balks at payment, the attorney should advise the client that the client may return to the Bar Association for referral to another referral program attorney.
*The Attorney agrees to perform this service at a flat fee that is 25% or less than his/her normal charge for the same service unless the fee they currently charge is equivalent to NLSA rates for similar documents.
IT IS THE ATTORNEY’S RESPONSIBILITY TO HAVE AN ADEQUATE FEE AGREEMENT WITH EACH CLIENT EXPLAINING THE EXTENT OF THEIR SERVICES FOR THIS REDUCED FEE AND THE CLIENT’S OBLIGATION TO PAY ALL COSTS ASSOCIATED WITH THIS SERVICE AND THE APPROXIMATION OF WHAT THOSE COSTS ARE TO BE.
