Hcba Lawyer Referral Application Total
DO NOT FORGET TO INCLUDE A COPY OF YOUR CERTIFICATE OF INSURANCE NAMING THE HUDSON COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE AS A CERTIFICATE HOLDER OR SIGNED COPY OF A LETTER SO ADVISING YOU CARRIER
Return your application form, your check (payable to the HCBA) and you insurance certificate to:
HCBA LAWYER REFERRAL SERVICE – 583 NEWARK, JERSEY CITY, NJ 07306 1) RULES AND PROCEDURES OF THE HUDSON COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE
Requirements for Participating in the Lawyer Referral Service
All attorneys who are licensed to practice in New Jersey may qualify for participation in the LRS, provided they meet the following criteria:
The attorney is engaged in the active practice of law
The attorney warrants that he/she is a member of the Bar in good standing, is qualified to practice, and executes a wavier of confidentially which authorizes the District Ethics Committee to release to the LRS and information on file with theDistrict Ethics Committee about any public or private discipline given to the attorney
The attorney has a minimum of one year of legal practice experience.
If an attorney cannot meet the standards set forth in Paragraph 3 above, he/she will be given an opportunity to demonstrate to the LRS Committee of the Hudson County Bar Association alternative qualifications. Other such qualifications may include special law school, graduate or post graduate studies, teaching experience, continuing legal education, maintenance of a library or relevant source materials, past experience with a relevant government body, or preparation of a publication dealing with the subject area.
The attorney obtains and maintains legal malpractice insurance in the minimum of $100,000 per claim with a $300,000 aggregate for all claims.
The attorney pays LRS an annual registration fee of $250.00 which will be payable by January 1st, of each year, and an additional fee of $35.00 for inclusion on more than three panels
The attorney will advise LRS in writing promptly in the event he/she desires to be removed from the LRS listing; is convicted of a crime; is disciplined by a District Ethics Committee; is no longer a member in good standing of the Bar of the State of New Jersey; or is no longer covered by the required malpractice insurance.
The attorney submits an application for panel membership which supplies the LRS with the above information as well as his/her agreement to abide by the purpose, policies, procedures, and requirements of the LRS as set forth herein or as adopted by the Trustees of the Bar Association or the LRS Committee.
Attorneys participating in the LRS will be assigned to panels in particular fields of law in the following manner:
LRS will use a system of affirmative designation where the attorney can choose to be listed on various panels, which have been established by combining related types of cases. The attorney’s choice should reflect the types of cases he/she presently is handling, in which he/she has experience, and for which he/she can represent a client competently as required by the Rules of Professional Conduct. By selecting a panel, the attorney warrants that he/she is competent to represent a client in that field of practice.
An attorney may select a panel, and receive referrals of the type of cases within the panel(s) when one of the following requirements is met:
1.The attorney certifies that he/she has handled five cases of the type listed within the last five years; or
2.Twenty-five percent of his/her practice has been in each of those areas the attorney has indicated he/she is willing to handle.
If an attorney cannot meet the standards set forth in Paragraph 2 above, he/she will be given the opportunity to demonstrate to the LRS Committee alternative qualifications. Other such qualifications include special law school, graduate or post graduate studies, teaching experience, continuing legal educations, maintenance of a library of relevant source materials, past experience with a relevant source materials, or preparation of publication dealing with the subject area. A panel member may be required to re-certify annually his/her compliance with the above standards.
An attorney who is denied a panel classification of his/her choice or removed or suspended from a panel will have available the procedure for reconsideration and appeal as set forth in Section II, 3.
3) Rendition of Services
The attorney agrees to give the person referred by the LRS a half-hour consultation for a maximum fee of $35 on noncontingent matters, which will cover a conference and advice, and not the preparation of any documents. The attorney shall remit this fee to the HCBA to defer the administrative costs of operating the LRS. On contingent matters, the attorney agrees to give the person referred by LRS a half-hour initial consultation for no fee.
If the attorney agrees to undertake the representation of the person referred by the LRS, he/she will be individually responsible for the matter and services rendered. The LRS and the Bar Association will have no responsibility for the attorney’s services.
The attorney will remit to the HCBA 15% of the excess of fees received over $500.00 (exclusive of costs and disbursements) as a result of any matter referred by the HCBA-LRS in non-contingent matters, and 25% of fees received over $500.00 (exclusive of costs and disbursements) on fees in contingent matters.
The LRS will make no representation to the public concerning the competence of the attorneys participating in the LRS. It will advise those members of the public who inquire that the attorneys have designated certain areas of the law in which they will accept referrals from the LRS.
The attorney agrees that if, after the initial consultation, he/she will not be able to deliver the necessary services, the case will be returned to LRS for referral; not to an attorney of his/her choosing.
III. LRS Review and Discipline
The LRS Committee will have the authority to examine a prospective panel member’s application to determine the attorney’s continuing eligibility and to adjust panel membership when necessary. The LRS Committee may deny panel membership or remove or suspend a panel member at any time for good cause, as determined by a majority of the committee, which includes, but is not limited to:
institution of criminal charges involving theft, embezzlement, or fraudulent appropriation of property;
violation of Rules of Professional Conduct;
suspension, disbarment, or resignation from the practice of law;
failure to obtain or maintain the required legal malpractice insurance;
falsification of data required by LRS;
failure to pay the annual registration fee or otherwise comply with the LRS Rules and Procedures
Institution of Civil Action to recover fees due to the HCBA-LRS
If the LRS Committee intends to examine a prospective panel member after consideration of his/her application and disciplinary record or moves to remove or suspend a panel member, the attorney concerned will be notified in writing of the intention and reasons therefore, and will be offered the opportunity to make a written or oral response to the Committee or its designee.
An attorney may withdraw from a panel or the LRS at any time upon written notice to the LRS, but he/she shall not thereby be relieved of the duty to dispose of, in accordance with the Rules and Procedures, any pending cases or any obligation incurred during membership.