THE CHICAGO BAR ASSOCIATION
Lawyer Referral Service
STAFF TRAINING MANUAL
Updated: November 2010 & August 2012
TABLE OF CONTENTS
INTRODUCTION
LRS Statement of Purpose
Purpose of the LRS Training Manual
I. General Information and Personnel Policy
LRS Office Hours and Breaks
Staff Descriptions and Functions
General Statistics and Attorney Participation
Role of the LRS Committee
CBA Personnel Manual
II. The Referral Process
Fee Categories
Basic Mechanics of the CBA Lawyer Referral Service
Screening and Referral Procedures
Guidelines for Making an Effective Referral
Important information to Remember When Speaking to Clients
Confidentiality of Referrals
Handling Special Cases and Problem Callers
Handling Calls Seeking Information
III. Computer Information, Referral Panels and Telephone System
A Guide to the LRS Computer System
Computer Menu and Log-in
Computer Errors
Computer Codes and LRS Referral Panels
Descriptions of Special Experience and General Referral Panels
Telephone System Operation
TDD Operation
IV. Sample Calls and Anecdotes--Difficult Calls
Effective LRS Conversations Based on Sample Calls
Anecdotes
V.Problem Callers
VI.CBA Public Service Programs Operated Through the LRS
VII.Appendix
CBA LRS Statement of Standards and Practices
LRS Brochures and Forms
INTRODUCTION
LRS STATEMENT OF PURPOSE
The Chicago Bar Association LRS is a public service of the CBA 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; to provide information about lawyers and the availability of legal services which will aid in the selection of a lawyer; to inform the public when and where to seek legal services; and to provide general and legal information needed by the public. As a result of an effective LRS program, participating attorneys will gain new clients and will provide a worthwhile public service.
PURPOSE OF THE LRS TRAINING MANUAL
The purpose of this manual is to introduce you to the operation of the LRS and to create an atmosphere conducive to learning. All LRS staff are encouraged to thoroughly read the instructions, learn through experience and through asking questions. All questions are important to your understanding of the program and to the growth and successful operation of the LRS. It is important for all new staff to review The Chicago Bar Association=s Personnel Manual and any other pertinent association-related information in addition to the LRS Training Manual. This is to insure your understanding of the association=s structure and policies as well as the LRS program.
I.GENERAL INFORMATION AND PERSONNEL POLICIES
LRS OFFICE HOURS AND BREAKS
The CBA LRS office is open Monday through Friday, 9:00 a.m. to 5:00 p.m., with the LRS phone lines open from 9:00am to 4:45pm. Due to the fact that the phones have to be answered beginning at 9:00 a.m., promptness is essential. Each person working a full day shift is allowed a one hour lunch break. Currently, we stagger lunch hours beginning at 11:30am and ending by 1:30pm so that the phone lines can remain open during lunch. In no instances should the phones be left unattended without notifying the Director. Each Interviewer is entitled to one 20-minute break per day or shorter breaks totaling no more than 20 minutes. Interviewers must return promptly at the end of a break for the efficient operation of the LRS and good staff cooperation. Breaks must be arranged with other Interviewers so that only one Interviewer is on break at any given time.
STAFF DESCRIPTIONS AND FUNCTIONS
Each year the CBA LRS is responsible for making approximately 25,000 referrals to its 300 participating attorneys. Each participating attorney is a member in good standing with the Attorney Registration and Disciplinary Commission, has received no disciplinary action against him/her by the ARDC and carries professional liability insurance coverage. If there is a question regarding an attorney's eligibility or ability to represent LRS clients, refer the caller to the LRS Director, who will handle the matter or will present the situation, if necessary, to the CBA Lawyer Referral Service Committee. If you receive a call from a client who has a complaint about an attorney or attorney referral, the call should be forwarded immediately to the Director. The LRS will follow up on such a matter and will pursue any actions necessary if it is determined to be a justifiable complaint. (See Statement of Standards and Practices for complaint process in Appendix.)
The CBA LRS receives an average of 100 - 150 calls per day. Of these, approximately one-half or more are referred to attorneys. These numbers indicate that many of the LRS callers either do not want or need the services of a private attorney. As a public service program of the CBA, it is also the job of the LRS staff members to assist those callers in need of legal aid or general legal information. Each Interviewer should be aware of the large number of agencies in the Chicago area and be able to utilize resource directories in order to find a service best able to assist the diverse needs of LRS callers.
Many of the LRS attorneys handle a variety of legal matters. While the LRS will make referrals for corporate law, aviation, consumer protection, and in numerous other areas, the majority of referrals fall into the following categories: domestic relations, estate planning and probate, employment & labor law, real estate, and personal injury.
LRS Interviewers should be aware that the frequency of certain types of calls may make one inclined to classify cases as "typical." Interviewers should avoid such inclinations and make certain to clearly articulate the appropriate questions for each caller in order to make an effective and appropriate referral.
The LRS is located in a relatively small office which requires staff interaction, communication, and close cooperation. A spirit of information-sharing and problem-solving on calls should always prevail. Efficient use of your time in handling incoming calls and your performance with your other duties will affect the entire LRS team in a positive way. A cooperative effort is essential.
GENERAL STATISTICS AND ATTORNEY PARTICIPATION
The Chicago Bar Association Lawyer Referral Service has been in existence since 1940 and currently has approximately 300 attorneys participating in its 40+ Special Experience and General referral panels, located in Chicago and throughout Cook County suburbs, with a few participating attorneys located also in DuPage County.
ROLE OF THE LRS COMMITTEE
The CBA Lawyer Referral Service Committee is charged with the supervision of the LRS as stated in the LRS Statement of Standards and Practices. The committee is a service committee of The Chicago Bar Association, and all of its members are CBA members. The committee is subject at all times to the supervision of the Association=s Board of Managers and shall report at least annually to the Board of Managers. The committee operates pursuant to the specifications outlined in the Association=s Bylaws. The committee meets at regular intervals during the year to review overall policy matters and areas of LRS development and operation, as well as to formulate and adopt all rules for the conduct and the operation of the LRS. An important function of the committee is to vote on the LRS eligibility of attorneys who have received disciplinary action.
CBA PERSONNEL MANUAL
The CBA Personnel Manual is given to each new employee individually. Please read it and become thoroughly familiar with all of its provisions.
II. THE REFERRAL PROCESS
FEE CATEGORIES
Regular fee referralsare provided when a caller has clearly stated that he/she can afford to hire a private attorney and pay attorney's fees. The attorneys on the service all charge reasonable fees. For the $30 fee for the CBA, there is no set time period for the initial consultation. The initial consultation is an opportunity for the referred individual to explain his/her legal matter to the attorney and for the attorney to discuss whether he/she will handle it or not and, if so, how much the attorney's fees will be. The attorneys generally screen the calls over the phone and determine if an office consultation is warranted. If an office consultation is scheduled and the individual wishes to have the attorney review any documents or perform other substantive legal services, the attorney will usually charge fees for such services, even at the first meeting, in addition to the $30 fee for the CBA.
Reduced fee referrals are not generally made, except when referrals are made to other legal services agencies or to attorneys who serve on other LRS programs, such as the following:
Bar Attorney - through the Criminal In-Court Referral Program, experienced criminal attorneys are assigned by the LRS to the Cook County Criminal Courts (Chicago and Suburban) each day to be available to persons appearing without legal counsel. Often, but not always, their fees are somewhat less than the average criminal lawyer charges to represent an individual, and many times the Bar Attorney will represent the individual for the cash bond refund (CBR); that is, the cash bond goes to the Bar Attorney for his/her fees to represent the defendant, particularly if the matter can be disposed of on that date.
Fee-From-Spouse Divorce Program - attorneys serving on a special panel are available to represent clients for a noncontested divorce who have no access to the family's income and very limited funds to retain a divorce attorney but who cannot qualify for Legal Aid. In addition to being a noncontested divorce with no custody or property disputes, the fee-from-spouse client must generally have small children in the home or otherwise be unable to work and should be able to pay filing fees (approximately $300) and is encouraged to pay something toward the attorney's fees. The spouse must have a stable job with a substantial salary, sufficient to cover his own attorney's fees and his wife's fees which her attorney petitions the court for and (usually) obtains a court order for. (NOTE: We maintain a special notebook back by Juanita and Vanessa’s desk with screening criteria and names of attorneys willing to take these referrals.)
Support Court - defendants in Support Court who face contempt of court for nonpayment of child support and who are unable to pay attorneys' fees are eligible for a court-appointed attorney because of their constitutional right to legal representation where they are at risk of losing their liberty, as in a potential jail sentence for arrearage on child support payments.
Low-Cost Senior Will Program - senior citizens who are over 62 years of age with incomes of $15,000 or less ($20,000 for a couple) and assets of no more than $30,000, not including a home and personal car, may contact one of the Senior Citizen Will Program centers for a simple will (cost: up to $50 for an individual or $75 for a couple), a Living Will (cost: no more than $50 or $75 for a couple), or a Durable Power of Attorney for Health Care or Durable Power of Attorney for Property (cost: no more than $75 for each, or $125 for a couple). If the senior lives in Chicago, he/she may contact one of the 5 centers operated through the Chicago Department on Aging. If in the suburbs, the senior must live within the service area of one of the suburban senior centers participating in the Senior Will Program. (See brochure for addresses and phone numbers of current sites.)
Pro Bono Referrals - see list of Referral Resources for agencies for pro bono matters. For criminal matters, he/she has to request that the court appoint a public defender.
BASIC MECHANICS OF THE CBA LAWYER REFERRAL SERVICE
Screen the call first to determine what the legal problem is and whether the LRS would likely be able to help with referral to an attorney. Then ascertain whether the person is prepared to hire a private attorney and pay attorneys' fees.
The screens of the iMIS computer system in the Lawyer Referral Service will prompt you for information necessary to input into the fields in order to make the referral. Be sure the information is correct and names and addresses spelled correctly, since it forms a permanent record of the referral in the computer system. If not sure of the correct spelling of the name or the street, be sure to ask the caller. Mistakes hinder future efforts to track the referral. The ability to follow a referral is extremely important, particularly if a fee remittance is involved.
Early in the screening process, ask the caller=s name and enter it into iMIS under Find. After you have properly screened the call and have ascertained that referral to a LRS attorney is warranted, determine where the person is located and check the computer printout to determine whether the LRS has any attorneys on the appropriate referral panel in the caller's area. It is essential to use the computerized rotation system by both legal area and geographic area to ensure fairness in all of the referrals, which is the hallmark of the LRS rotation system. Make the referral according to the next name which appears on the computer rotation. Only the LRS Director has the authority, in exceptional cases, to make referrals apart from the rotation.
You should refer a client to only one attorney at a time. However, when the person is calling from out of state, or if they specifically ask you for more than one name, you can refer the caller to 3 attorneys. Each referral should be logged in separately so that each referral to a different attorney has its own referral number. You can also refer the caller to the CBA Web site if the caller should need additional referrals as right now, there is no limit on the number of referrals a person can receive online. If we have made just one referral and a client calls back later with a valid reason as to why the referred attorney was not able to take the case (i.e., on vacation for an extended period of time, conflict of interest, etc.), then you can refer the caller to another attorney (and log it in separately, under another referral number). This should be done only up to a maximum of 3 times. Generally, a caller may receive a maximum of three referrals per legal matter, although the LRS Director may make a determination to waive this requirement on an individual case basis.
The LRS does not accept collect calls. Refer any such calls to The Director.
Be sure to adhere to the more detailed screening and referral procedures which follow.
SCREENING AND REFERRAL PROCEDURES
1. Answer telephone promptly, stating, "Chicago Bar Association Lawyer Referral Service," and maintain an atmosphere of courtesy and respect for the caller throughout the conversation.
2. Ask the caller a specific question to zero in on the legal problem, if there is one, such as "What type of legal problem do you have?" rather than a general type of question such as, "How may I help you?"
3. For each call, find out specifically what type of legal problem the caller has by asking questions such as the following:
What occurred? Did this happen to YOU?
WHEN did this happen? WHERE did this happen?
Were you injured? Or: What kind of damages were there? Does the person you want to sue have any assets or insurance?
Have you talked to any other attorneys? If so, what did they say?
And any other questions appropriate to the type of case so you can make a correct assessment as to whether or not it is appropriate to refer to an LRS attorney and, if so, to which referral panel.
4. It is important to be thorough yet efficient in the screening process so that you know exactly what type of legal matter the person has and what he/she wants to retain an attorney to do. If the legal problem is of a sensitive or personal nature, you do not need to ask for details but rather the gist of the problem. Explain to the caller that you need this type of general information so that you can categorize it by the referral panels or legal categories that our service uses. Also, get the person=s name and enter it into iMIS under FIND to see if the caller is a previous client.
5. When you have determined the type of legal problem, ask further questions appropriate to that type of problem to determine one of the following:
a. Whether the caller has a genuine legal problem warranting referral to a panel lawyer.
b. Whether the caller should be referred to another agency (legal, governmental, etc.)
c. Whether the caller is merely seeking legal information or answers to a legal question.
6. Once you have determined that referral to an attorney is appropriate, you MUST explain the following to each person BEFORE starting the referral process:
"I CAN REFER YOU TO AN ATTORNEY. ALL OF THE ATTORNEYS ON OUR REFERRAL PROGRAM ARE SCREENED, EXPERIENCED, PRIVATE ATTORNEYS WHO CHARGE REGULAR RATES. THERE IS A $30 FEE WHICH THE ATTORNEY WILL COLLECT FROM YOU FOR OUR SERVICE IF YOU ACTUALLY HAVE AN OFFICE CONSULTATION WITH THEM. THERE IS NO FEE TO CALL THEM ON THE TELEPHONE. IF THE ATTORNEY IS ABLE TO ASSIST YOU WITH YOUR LEGAL MATTER, THEY WILL ADVISE YOU AS TO WHAT THEIR FEES WILL BE FOR DOING SO."