HCBA LRS - Practice Area Selection

• I have been admitted to practice law in the State of New Jersey for one year, and remain in good standing, and have chosen three areas of concentration.
• I understand the HCBA has collected a fee of $35.00 for the first half-hour’s consultation on non-contingent matters to defer the administrative costs of operating the LRS. The charge is to cover the conference and advice only and does not include the preparation of letters or legal documents. On contingent matters, I agree to give the client referred by the LRS a half-hour initial consultation for no fee.
• As a participation fee for the privilege to be listed on three panels, I agree to pay the HCBA $250.00 upon submission of this application. This fee is nonrefundable. I further agree to give the HCBA-LRS 15% of any fee collected in excess of $500.00 (exclusive of costs and disbursements) on non-contingent matters, and to give the HCBA-LRS 25% of any fee collected in excess of $500.00 (exclusive of costs and disbursements) on contingent matters. The payment of said fees is to defer the administrative costs and expenses of the LRS. All case referral fees shall be made to the HCBA at the time payment is accepted from the client. I further agree to keep the HCBA-LRS apprised of the status of the case and of any fees owing. Failure to keep the HCBA-LRS advised of the status of any matters referred by the HCBA-LRS will result in my name being removed from the HCBA-LRS list and may result in collection action for fees due to the HCBA. The client shall not be billed an additional amount to cover the referral fee and the combined fees and expenses billed to the client shall not exceed the total charges which would have been billed to the client if the HCBA-LRS had not been involved. The HCBA-LRS shall have access to my records of referral matters in the event of a dispute concerning the referral fee. I understand and agree that the HCBA will prepare a referral report bi-monthly showing all cases referred to me and/or my office. I agree to review and complete said report within 30 days of receipt of report and forward all referral fees due within 30 days. If this report and fees are not completed and returned within 30 days, the HCBA shall have the right to suspend any further referrals and to seek payment of amounts billed by any methods available under the law.
• I agree to be responsible for entering into the attorney/client relationship and for accounting to the HCBA-LRS for all fees collected as a result of referrals referred through the HCBA-LRS. I acknowledge that the HCBA-LRS has no responsibility whatsoever for collection of fees from clients; nor does the HCBA-LRS warrant my competence with respect to any matters referred. I certify that I will not accept representation or continue representation in a matter for which I am not qualified or competent.
• If I cease to be a member of the HCBA, the HCBA has the right to suspend future referrals. For listing on additional panels, the fee will be $35.00 per panel. In the event of a referral fee payable to the HCBA, any panel-listing fee paid by me shall be a credit toward the amount due the HCBA.
• If I receive a referral that I am unable or unwilling to accept, I agree to tell the prospective client to call the HCBA-LRS for another attorney’s name. I will not refer a prospective client referred to me by the HCBA-LRS to another attorney.
• I agree to advise the HCBA-LRS, in writing, if I desire to be removed from the LRS list of participating attorneys; am convicted of a crime; am disciplined by a District Ethics Committee; am no longer a member in good standing of the Bar of the State of New Jersey or of the HCBA; or am no longer covered by the malpractice insurance described on page 1 of this application.
• I agree to indemnify and hold harmless the HCBA from any and all claims, demands, actions, liability or loss, including, but not limited to, costs of defense, including a reasonable attorney’s fee, which may arise from or be incurred as a result of any loss and all referrals of a client to me through the HCBA-LRS.
• I agree to comply with the Rules and Procedures of the HCBA-LRS.

• 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 information on file with the District 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 upon submission of the application, and an additional fee of $35.00 for each panel in excess of 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.

• 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: i. The attorney certifies that he/she has handled five cases of the type listed within the last five years; or ii. 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 material, 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 before the LRS Committee as set forth in Section II, 3.

• 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. The attorney will not refer the case to another attorney.

• 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;
• Failure to comply with the rules and procedures of the HCBA-LRS;