The Bar Association Of San Francisco

The Bar Association of San Francisco

Lawyer Referral and Information Service

Legal Interviewer Training Manual

Introduction...... p. 1 Legal Interviewer job description...... p. 2 Basics of the legal interview...... p. 3 Processing online requests...... p. 5 Consultations by phone and payment of the $35.00 fee...... p. 6 Refunds of credit card payments and checks for $35.00……………………p. 8 Screening cases for income and case eligibility…………………………….p. 8 Statutes of Limitation and Jurisdiction...... p. 8 Information vs. Legal Advice……………………………………………….p. 10 Reminders for effective client interviews...... p. 12 Explanation of Regular and Low-fee referrals...... p. 13 Free Services (pro bono)...... p. 14 Filling out the computerized referral form...... p. 14 Scheduling appointments...... p. 15 Entering the appointment information………………………………………p. 16 Confirming and Canceling appointments...... p. 17 Description of Panels (Introduction)...... p. 19 Business Law Panel...... p. 20 Criminal Law Panel...... p. 21 Disability Rights Panel...... p. 23 Elder Abuse Panel…………………………………………………………..p. 24 Family Law Panel...... p. 26 General Law Panel...... p. 30 Immigration Law Panel...... p. 34 Insolvency Law Panel...... p. 37 Intellectual Property Rights Panel...... p. 38 Juvenile Law Panel...... p. 39 Labor Relations Panel...... p. 41 Legal Malpractice Panel...... p. 44 Medical Malpractice Panel...... p. 46 Military Law and Veteran’s Benefits Panel...... p. 48 Personal Injury Law Panel...... p. 49 Probate Law Panel...... p. 52 Real Estate Law Panel...... p. 53 Taxation Law Panel...... p. 57 Worker’s Compensation Panel…………………………………………….. p. 58 INTRODUCTION

This manual explains the office procedures and policies of the Lawyer Referral and Information Service. It describes how to conduct a client interview, how to create and distribute the computer intake form, 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 office nomenclature, income guidelines, exceptions to collecting the consultation fee, and guidelines related to screening for the Volunteer Legal Services Program (the free legal services program through the Bar Association of San Francisco). Some special types of referrals through the Lawyer Referral and Information Service for low-income clients are also mentioned here. A compendium of the different areas of law appears at the back of the manual in 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.

The Lawyer Referral and Information Service (LRIS) is a non-profit, public service of the Bar Association of San Francisco, which receives approximately 50,000 calls annually from people seeking legal assistance. Its purpose is to refer those callers to the most appropriate legal resource for their legal needs. The LRIS arranges half-hour consultations for clients on both a regular fee and low fee basis at a charge of . This fee is waived for personal injury (plaintiff), most workers' compensation, some government benefits cases, and some family law referrals. The fee may be waived or delayed in cases of financial hardship or at the discretion of the LRIS Supervisor of Information and Referrals

Approximately 500 attorneys participate in the LRIS, representing experience in over 100 categories of law. Attorney members who wish to participate on the “Experience Panels” (also called “Subject Matter Panels”) must meet certain experience requirements before being eligible to receive referrals in a given area of law. No such experience requirements exist for membership on the low-fee panels, (except for criminal and juvenile court matters), which allow an attorney to develop their experience in an area to possibly qualify for regular fee referrals. The LRIS administers an “Attorney to Attorney” program, whereby attorneys with experience in particular areas have agreed to provide advice to less experienced practitioners. Attorneys on low-fee panels are encouraged to avail themselves of this service. Many experienced attorneys also accept referrals on the low-fee panels as part of their commitment to providing legal services to low income clients.

The LRIS staff of trained legal interviewers includes persons fluent in Spanish, Chinese (Mandarin & Cantonese), Vietnamese, and French. The Service also provides the initial screening in certain areas of law for BASF's pro bono or free legal services program, the Volunteer Legal Services Program. In addition to attorney referrals, the LRIS provides information and referral to many alternative resources, such as community and governmental agencies, if such resources would better serve the client’s needs.

1 Legal Interviewer Lawyer Referral and Information Service

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 low-fee or pro bono 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 and process online requests promptly and assess reason for inquiry.

2. Interview callers/email clients to determine nature of problem and classify legal issues to make appropriate referral.

3. Provide information to callers/email clients who want or need to contact other agencies.

4. Explain to callers/email clients the services available through the Lawyer Referral and Information Service.

5. Screen clients for financial and case-type eligibility for low-fee and pro bono 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. Enter all necessary data on the computer intake form and panel cards.

8. Process forms to attorneys, clients and other staff as appropriate.

9. Confirm appointment information with clients; fax disposition and send out client questionnaire forms; notify attorneys if an appointment is canceled and process cancelation in the computer so that the attorney’s card moves back to their original place in rotation for a make-up referral.

10. Attend staff training sessions and consult with the LRIS Supervisor of Information and Referrals 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.

2 I. THE BASICS OF THE LEGAL INTERVIEW

A. THE MECHANICS OF THE PHONE

1) The phones in the Lawyer Referral and Information Service are connected to an automatic call distribution system. This means that calls are automatically distributed in succession to all interviewers 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 interviewer upon the beginning of employment.

2) Keep your extension available for incoming calls as often as possible so that a client can speak to you as quickly as possible. Sometimes this means not completing all the necessary information from the previous call onto the intake form. 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.

B. THE PRIMARY AND OVERALL GOAL OF THE INTERVIEW

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 the City 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, a distant 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 tone of voice. Sometimes the client needs more explanation about why you need to ask them certain 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 empathetic while obtaining the necessary information to help the client most effectively. Refer to the “Reminders for Effective Client Interview” on page 12 of this manual for other helpful suggestions.

3 C. HOW TO CONDUCT THE CLIENT INTERVIEW

1) 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.

2) If you decide that the problem is one which is best served by a referral to an LRIS panel attorney, then explain that the LRIS can set up an half-hour consultation for the client to meet with an appropriately experienced attorney for a 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 with less complicated cases, referrals can be made much more quickly.

3) 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 low fee or free legal services. If their income meets or is below the guidelines set by the Legal Services Corporation (these guidelines will be explained by the LRIS Supervisor during your training) the client might be referred to BASF’s free legal services program, the Volunteer Legal Services Program (VLSP). Details of the kinds of cases that the VLSP handles are outlined in a separate handout which the LRIS Supervisor will provide. If the client meets the low-fee guidelines, the consultation fee is usually charged but this can be waived or delayed depending on the circumstances of the case and the client's income.

4) After the legal problem has been determined and the financial screening has been done, tell the client your name and explain that you will contact them as soon as an appointment has been arranged for them with an attorney. In some instances, you may also instruct the client to contact the Service again the following day if they have not received a call from you. Give the client your name and let him or her know to ask to speak with you about the status of the referral. This explanation is reserved for those clients whose cases may be more difficult to refer and therefore more time is needed to place the referral with an attorney. Also, 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. Maintain as much flexibility as possible with the referral process, adjusting our normal routine as circumstances warrant.

4 5) 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 the LRIS Supervisor of Information and Referrals or the Director. First, explain the situation to the LRIS Supervisor of Information and Referrals He or she will almost always speak to the client first and when necessary so will the LRIS Director.

D. Processing Online Requests

Online requests are processed by the interviewer designated as the “call backs”, each day on a rotating basis. These requests are located in our online program called Thunderbird. The interviewer is responsible for printing online requests at the beginning of the day, managing the electronic copies and dispersing these equitably among the legal interviewers doing intake for that day. From this point on this person will continue to check the inbox and print the requests, manage the electronic copies and solely processes their intake. No additional requests are dispersed to the other legal interviewers for that day.

Each online request that an interviewer receives is entered into our computer intake system. After reviewing the request the interviewer is to fill out the computerized intake form with all relevant information. This process is described in greater detail the section titled, “Filling Out the Computerized Referral Form”.

Once the intake form is completed, the legal interviewer is to attempt to reach the client by telephone. This is to ensure that we have a complete and accurate description of the client’s issue, and to explain how the lawyer referral service works. Many of the same steps are followed as for conducting a telephone interview. Submit the case for referral if the client is interested. If the client is not available leave a voice message asking them to call back. If for some reason you can not contact the client or leave a message, email the client requesting that they call in to begin processing their request.

When an attorney referral is made, an email confirmation can be sent when necessary or at the client’s request. Further detail is provided in the section on “Confirming and Cancelling Appointments”.

In addition to this email system, there is another online referral system that the LRIS subscribes to called, iLawyer. The processing of these requests is a fixed responsibility given to one legal interviewer. These cases are handled in similarly to the other online requests; however it is one interviewer’s responsibility to convey the outcome of our referral efforts.

5 E. CONSULTATIONS BY PHONE AND PAYMENT OF THE $35.00 REFERRAL FEE

1.) Phone consultations

It is always appropriate to do a phone consultation for a client who lives far away, out of state or in another county, and certainly for a client who is house-bound, injured, in immigration or police custody, or so ill as not to be able to leave the house. It may also be necessary to arrange a phone consult for a client who will need a home visit from an attorney, usually for purposes of drafting a will or making changes to existing documents, wills, property deeds, etc. The phone consult allows for the attorney to better understand exactly what the client needs and be prepared to bring the appropriate paperwork to the home of the client in a second appointment arranged by the client and the attorney.

A phone consult also may be arranged when a referral has been refused by three attorneys, the benchmark number of refusals used to indicate the case may not be referred through the service. Making a phone consultation for a client who otherwise was to get an office appointment is often a determination made by the LRIS Supervisor of Information and Referrals When a phone consultation is made, the attorney does not rotate to the bottom of the referral panel, unlike with office appointments (as discussed under the section “Making the appointment with the attorney”). Often this will encourage the attorney to speak with the client, knowing that they will not forego their place in the rotation to accept the referral. Areas of law in which you can anticipate that office appointment referrals may be changed to phone consultations are personal injury, worker’s compensation or medical malpractice cases, or any other matter in which the facts of the case may not be as strong as to ensure the level of interest by the attorney to meet with the client in person. Often the panel attorneys will provide brief legal advise by phone as part of their service to the public.

A phone consult also may be arranged when a referral has been refused by three attorneys, the benchmark number of refusals used to indicate the case may not be referred through the service. Making a phone consultation for a client who otherwise was to get an office appointment is often a determination made by the LRIS Supervisor. When a phone consultation is made after having attempted to refer the matter for an office appointment, the attorney does not rotate to the bottom of the referral panel, unlike with office appointments (as discussed under the section “Making the appointment with the attorney”). Often this will encourage the attorney to speak with the client, knowing that they will not forego their place in the rotation to accept the referral. This exception to the normal rotation of attorneys is reserved ONLY for those cases which are difficult to place as office appointments because the facts of the case may not be strong enough to

6 interest the attorney to meet with the client in person. However, legal matters which are not a problem to refer, which may be phone consultations because of some other circumstance, such as the client lives in another state, ARE to be rotated like any other referral.

Payment of the $35 referral fee by credit card for phone or office consultations

The most common method of payment is by credit card. The types of credit cards which the LRIS accepts, are VISA, MASTERCARD and American Express (only). If a client prefers to pay for the consultation by credit card, be it a phone or office consultation, explain to the client that they will be asked to provide their credit card information when the LRIS contacts them with their appointment information. At the time of intake, however, remember to select "pre-paid by credit card" in the upper left-hand corner of the computer intake form. Note that in the instance in which the client pays for an office consultation by credit card, please inform the panel attorney that they do not need to collect the $35.00 fee from the client at the consultation.

At the time of confirmation of the client’s appointment, ask the client what type of credit card they are paying with, the credit card number, expiration date, three- digit security code and the billing zip code for the client. In the event that the client uses an American Express card, note that the security code is four-digits long and that the credit card number is 15 digits long, not 16, like with VISA and MASTERCARD. Type the required information in the lower left corner of the confirmation screen and confirm the appointment with the client. Then write this same information, using the entire credit card number, on the credit card reference sheet. The designated LRIS interviewer who processes credit card payments will charge all credit card payments at the end of the day through PayPal, and then will shred the credit card information.

In the event that a client pays by credit card at the time of the consultation itself (i.e. the panel attorney calls while the client is at the consultation to explain that the client would like to pay the $35.00 referral fee by credit card) then enter the required information on the client’s intake form in the ReVax database. Again this same information will be written on the credit card reference sheet, using the entire credit card number.

International Phone Consultations and Payment by Credit Card

In the event that a client calls from oversees requesting an appointment for which they will pay by credit card, take the necessary credit card information while on the phone with the client and ask for the client’s email address, if available. While the client is still on the phone, alert the designated LRIS interviewer who processes credit card payments that you have an international call and will need to process the payment while the client is still on the phone. This procedure is done

7 to ensure that the credit card number is correct and that payment can be verified. If a refund of the credit card payment becomes necessary later because the case was not referred or cancelled, the designated LRIS interviewer who processes credit card payments will refund the client’s credit card payment through PayPal. If the client decides to pay for the consultation by check or money order, follow the protocols set out below.

Payment by Check or Money Order for Phone Consultations

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 “Bar Association of San Francisco,” or “BASF”; the client should write the intake number on the memo line of the check, and the check should be mailed to BASF's street address, with the name of the interviewer who did the intake, in the address. Check "Cl to send check" in the upper left corner of the intake form before printing and refer the client’s case If the client’s case is not referred, LRIS will issue the client a refund.

F. REFUNDS OF CREDIT CARD PAYMENTS AND CHECKS FOR THE $35.00 REFERRAL FEE

There are certain circumstances in which refunding a client’s consultation fee may be appropriate. Circumstances in which the $35.00 referral fee may be refunded are 1) the case was not referred but payment was received; 2) the client has complained, (in a client questionnaire they returned or in a phone call or by email) about the LRIS or the attorney AND the client requests a refund as a result; 3) the client is very dissatisfied with the LRIS or the attorney to whom they were referred, is not interested in a second referral at no charge, AND requests a refund; 4) other circumstances in which something about the referral process, the LRIS attorney or some other unintended consequence may give rise to offering the client a refund. Usually, clients who complain about their initial referral are satisfied if they are offered a second referral at no charge, which is a protocol allowed and often used when contacting clients who have complained in the LRIS client questionnaire. Offering a refund may not be appropriate however in instances where the client is upset only because the attorney did not take the case. You will want to check with the LRIS Supervisor before granting a refund, until you are comfortable making this judgment independently.

As mentioned above, credit card refunds are processed by the designated LRIS interviewer who has been trained to process credit card payments and refunds. If circumstances warrant a refund of the client’s $35.00, alert the LRIS interviewer who has been trained to process credit card refunds. In the instance of refunding payment made by check, alert the LRIS Program and Data Management Coordinator, who will process the refund through BASF’s Accounting Department.

8 G. SCREENING FOR INCOME AND CASE ELIGIBILITY FOR LOW-FEE OR PRO BONO SERVICES

When screening clients for their income and eligibility for the low-fee or pro bono (free) legal services 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.

II. THE FUNDAMENTALS OF ANY LEGAL MATTER: JURISDICTION AND STATUTES OF LIMITATION

A. STATUTES OF LIMITATION

The statute of limitations refers to the time allowed under the law to file a claim with the appropriate court. Generally speaking the statute for most civil matters is 1 year from the date of the event or point of discovery of the wrongdoing. Longer statutes exist for Personal Injury cases (2 yrs), Medical Malpractice cases (1-3 years), cases involving fraud (4 yrs.) and sexual molestation cases (up to the client’s 27th birthday), etc. For questions that might arise regarding a time limit on a given case, we err on the side of intake and let the attorneys inform us, if we are unsure ourselves what to do. A reference list of statutes of limitation will be provided for you, but and LRIS Supervisor is always available for guidance on this issue.

B. JURISDICTION

Where a client’s legal matter needs to be filed depends on the following criteria: where the alleged wrong/incident 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 the San Francisco area for jurisdiction to be established here.

Make sure the client wants and needs an appointment in San Francisco. Often callers think we have attorneys in other counties, or have been given our number when they called Information. Refer the client to the appropriate state or out of county LRIS as necessary, keeping in mind that we can often make appointments for clients in San Francisco, provided the county of jurisdiction is not too far away. With respect to cases in which substantial damages are to be gained such as in Personal Injury, Legal and Medical Malpractice, or Probate, an attorney through the LRIS will often readily accept the out-of-county referral. Be aware too that although a caller may reside in San Francisco, where they reside does not generally determine where their legal matter needs to be addressed. Despite

9 residency here, the client may still need to call another county or state’s LRIS if that is where the events of the case took place or where the other party resides.

Variations on jurisdiction: Landlord/Tenant, Family Law, Bankruptcy, Immigration, Probate

In the area of landlord/tenant law, a referral specific to the county jurisdiction is usually necessary. This is because different counties have their own rent ordinances that govern the landlord/tenant relationship. Family law and criminal law cases are also very closely tied to the originating county, but often we are able to place adjacent county matters. In family law matters, the client needs to file in the county where they live or their spouse or child lives, or where an order or divorce has already been filed; and in criminal matters, 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 a client who is at a low-fee income level is not eligible for a low-fee referral through us if their matter is outside San Francisco. The attorneys who offer these services are usually not willing to accept a referral that could require travel to another county's courthouse or office. In order to develop your sense of the suitability of an intake on this basis, ask an experienced legal interviewer, or the LRIS Supervisor.

C. INFORMATION VS. LEGAL ADVICE

As a trained legal interviewer, you will come to possess legal knowledge to appropriately screen client situations for intake but much of that legal knowledge should never be imparted to the client. This is because it likely constitutes legal advice and because we are not licensed attorneys, we are not permitted to provide legal advice. The Service needs to exercise strict adherence to guidelines about what constitutes legal advice, to avoid the possibility that a client could rely upon an interviewer’s statements as determinative in his or her particular case.

What constitutes legal advice as opposed to legal information is obvious in some cases and less obvious in others. 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 what is considered to be legal advice at this referral service. 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 misconception on their part.

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

10 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 interviewer or the LRIS Supervisor to be absolutely sure.

11 A FEW REMINDERS FOR EFFECTIVE CLIENT INTERVIEWS

CONVEY A HELPFUL TONE AND AN 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 interviewer. 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 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 active, 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 interviewer’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.

12 III. EXPLANATION OF REGULAR AND LOW-FEE REFERRALS

A. REGULAR FEE

The majority of LRIS 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 will be provided to you by the LRIS Supervisor.

A $35.00 fee is charged to clients for referrals in all matters except the following:

 Personal Injury ($35.00 is charged for PI defense);  Medical Malpractice (plaintiffs only);  SSI (security supplemental income);  SDI (state disability insurance) and SSD (Social Security Disability) only when client’s household income is at or below low-fee income guidelines;  Workers' Compensation (plaintiffs only), including Longshore cases;  For reasons of economic hardship, dissatisfaction with a first referral, or other reasonable reason, a waiver of the fee is appropriate. Please note that when a fee is waived at the interviewer’s discretion, it is necessary to inform the accepting attorney of this waiver.

Referrals are made from the appropriate regular fee panel cards and if the client decides to hire the attorney for further services, fees are negotiated between the client and the attorney. The LRIS unfortunately cannot determine in advance for the client what fee the attorney will charge in their particular case, nor the type of fee arrangement. Likewise, the LRIS cannot search for an attorney who will accept a client’s case on a contingency fee basis (i.e. where the fee to the attorney is paid only if the client wins the case). This is something that only the attorney can confer with the client about directly, and if necessary, this may need to be explained to a client.

B. LOW-FEE REFERRALS

Clients whose income falls within the low-fee income guidelines, may be eligible for a low-fee referral if their case is also one which is not “affirmative”, meaning monetary damages are possible. There are corresponding low-fee panels for all of the regular fee panels, with the exception of Disability Rights, Legal Malpractice, and Workers’ Compensation. Under the LRIS rules, attorneys on the low-fee panels agree to charge eligible clients substantially less than their usual rates. With the exception of some Family law subpanels, Criminal and Juvenile Law, attorneys on low-fee panels do not have to meet experience requirements in the area of law for which they receive low-fee referrals, but they do need to feel competent to handle the matter. Although the $35.00 consultation fee is charged in low-fee referrals, this fee can be delayed or waived depending on the client’s circumstances. If you do a low-fee intake, select the “low fee” option in the drop-down menu in the upper left corner of the intake form by clicking on

13 the arrow to the right of "regular fee". Then highlight the "low-fee" selection on the print-out of the intake, so as not to confuse these referrals with regular fee ones.

C. FREE SERVICES (PRO BONO)

Clients who meet eligibility requirements, in terms of both income and type of case, are referred to the Volunteer Legal Service Program (VLSP) of the Bar Association of San Francisco. The LRIS Supervisor will provide you with a handout of the types of cases which can be referred to the VLSP.

IV. FILLING OUT THE COMPUTERIZED REFERRAL FORM (An example follows on the next page with each numbered point represented to orient you on the actual form).

1. Enter the client's first and last name.

2. Enter the client's mailing address. Explain to the client that the purpose for the address is to follow-up with a brief questionnaire about the appointment, if they have any questions. It is particularly wise to inform the client that a survey questionnaire may be sent to his or her home and ask if that is okay (e.g., in family law cases where the parties are not separated it may not be okay). If for any reason the client would prefer not to give their address, this is perfectly acceptable.

3. Enter the client’s home, work and/or cell phone numbers. Again, make sure it is not a problem for the client to be called at home or at work.

4. Compose a brief description of the client's legal problem with appropriate detail.

5. Select from the pull down menu at the right side of the page under "Experienced Panels" the appropriate area of law in which the referral should be made. Select the appropriate General Panel area if a referral on that panel is to be made.

6. Select the appropriate fee basis (regular or low-fee) by clicking on the pull down menu to the right of “Regular Fee” in the upper left hand corner, which allows you to select “low-fee”; note the other pull down menus below this one, allowing you to select, “phone consultation” (6a), “Spanish”(6b) and fee is “pre-paid by credit car”, “delayed until judgment” etc. (6c), if necessary.

7. If the case is an online request mark online in the “Referral Type” field (7a) then select the appropriate status of the case from the drop down menu, in the field titled “Email Status” (7b). If email referral is directed to other service, select the appropriate agency in the “Referred to Other” field.

8. Enter here the times when the client is available to see an attorney. This can be more or less specific depending on the client's need. Obviously, the more general

14 the client can be, the easier it will be for LRIS to schedule an appointment. Also note that below is another box (8a) to indicate a client’s request for a specific district(s) of San Francisco.

9. Select the referral source from the drop-down menu of the same name, at the right-hand side of the screen. Remember to select "other" if what the client tells you is not represented. Try never to leave this box blank.

10. The intake interviewer should select his/her initials here, from the pull down menu provided.

11. Indicate the client's gross monthly income here. If the client declines to give a specific amount simply write, "decline to state." Notations such as "client is regular fee" or "client works full-time" are too vague to insure the proper fee basis for referral. Be sure to obtain a specific income, whenever necessary. Include also the number of dependents (11a) that the client supports on their income to assess their eligibility for low-fee or free legal services.

12. Select from the pull down menu in the upper most right hand corner if the client is to call the LRIS or the LRIS is to call the client.

13. Enter the credit card type, number, and expiration date here if the client is paying for the consultation by credit card.

14. Print out and place in the appropriate category of law in the sorter.

V. SCHEDULING APPOINTMENTS WITH THE ATTORNEYS: Rotation; Confirmations; Cancellations of Appointments

Interviewers are usually divided each day between those who will make appointments with attorneys (designated referrers or "DR"s) and those who will take calls from the public. Usually there are two people who are DRs. The DRs should take the stack of forms for a given area of law and begin contacting attorneys in rotation on the ReVax computer referral system.

1. Read through the intakes so that the legal problem is understood. If there is something that is not understandable, ask the interviewer who did the intake for clarification. Check for special requirements that the attorney should be aware of, i.e. languages, location of office, fee waiver, etc.

2. Call the first appropriately qualified attorney in rotation and indicate the date the attorney was called in “contact notes" field. When you place a call to an attorney, his/her card will always be noted in some way on the system, with indication about what happened when you called.

15 3. Click the “Enter contact” button to record information about what happened when you called the attorney’s office. If the attorney is not available for whatever reason, such as being on the phone, out to lunch, in conference, etc., this would be indicated in the “contact notes” field to indicate why a referral wasn’t made to the attorney. The “contact notes” field would also be used to indicate if the attorney is unable to accept the appointment because of a conflict of interest (“COI”) or inability to schedule at the client’s requested time (“C/S”) or for any reason that does not address the merits of the case.

4. 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.), check the refusal box (again after having clicked on “Enter contact” to record information about what happened when you contacted the attorney). Three refusals in a row results in the attorney's card being automatically rotated to the bottom of the rotation. The attorney should be made aware of this at the time. If the attorney accepts the referral, enter the date the referral was made in the “Acceptance date” box.

5. If the referral is one for which the panel attorney’s card should not be rotated, and the LRIS Supervisor will explain the rare occasions when this may happen, then the interviewer must check the “Do not rotate” box If this box is not checked, the system will automatically rotate the attorney’s card to the bottom of the rotation.

6. Write onto the intake form, in the lower left, the appointment information. In the lower right corner, write the names of any attorneys who refused the case, and any instructions the attorney wishes to be conveyed to the client in “Appointment Notes”.

VI. ENTERING THE APPOINTMENT INFORMATION UNDER “ADD REFERRAL INFORMATION”

Enter the appropriate information on the intake form for the attorney and the appointment. After the appointment is made with the attorney, go to the “Main Switchboard” in ReVax and click on the "ADD ATTORNEY" button to process the information of the appointment.

1. Enter the intake referral number.

2. Confirm that the intake matches

3. Interviewer who schedules appointment should enter his or her initials in the “Referrer” field.

4. Select attorney from “Attorney” field. Once the attorney information is added a window will appear notifying the interviewer of any general requests the attorney has, i.e. call to confirm, bring all docs 5. Enter the information regarding the time and date of the appointment here.

16 6. Add any relevant appointment notes, including those mentioned in step 4.

7. Enter all attorney refusals

VII. CONFIRMING AND CANCELING APPOINTMENTS

It is the responsibility of all of the interviewers to insure that appointments are confirmed or canceled. Interviewers are both contacting their own clients to confirm appointments made and may also be designated on a given day to contact all clients who still have not confirmed their appointment information. This is known as doing “call backs” and is done to help insure that client’s receive their appointment information. All appointments should be confirmed or canceled within four hours of the appointment time.

1. Click on the “To Be Confirmed” button. Scroll to the client’s name. You can use the find function (control F) if you want to by highlighting the last name field, hitting Control F and entering the client’s last name. After the client has accepted the information, scroll down to select your initials in the box labeled “Confirmed By” to enter your initials.

2. File the intake by client’s last name in the alphabetical accordion box designated “Referred”, alphabetically by the client's last name.

3. Send the client questionnaire to the client along with a business reply envelope and a red LRIS magnet. Fold the questionnaire such that the client's address shows appropriately using a window envelope.

When a cancellation occurs because the client cancels the appointment, or we are unable to reach the client to confirm the appointment:

4. Call the attorney's office 4 hours prior to the appointment time to cancel, if confirmation of the appointment with the client has not been successful. Or, call the attorney as soon as the client has told you that he or she no longer wants the appointment. An interviewer is designated to cancel all appointments at the end of the day for the following day. Another person may be designated to cancel appointments occurring throughout the day, with 4 hours prior notice.

5. Go to the Main Menu and click on the button for Panel Rotation. There click on the “Cancelations” button. Once having clicked on the Cancelations button, a screen will appear in which you need to first enter the attorney’s name. Once a few letters of the name have been entered, the field will usually populate with the attorney’s name. Hit enter. A list of the referrals an attorney has received will appear. Find the referral number that corresponds to the referral to be canceled and click the cancelation box next to it.

17 6. Next, click on the “To Be Confirmed” button to enter the cancelation information in this part of the database as well. Find the client’s name or appointment time to retrieve the correct record. Check the cancelation box in the lower left corner of the correct record. Put the form in the A-Z accordion folder marked “Referred”, alphabetically by the client's last name.

7. When a client calls in for their appointment after it has been canceled, do the following: Check first to see if the attorney referred to the client has already received a new referral. If the attorney’s card is at the bottom of the rotation, they have received a new referral. In this case a new intake record should be completed for the client. If however, the attorney’s card is still at the front of the rotation, go ahead and give the client the appointment information. Then check the acceptance box after clicking the “enter contact” information button.

18 DESCRIPTION OF PANELS

The following section describes the areas of law covered by the various referral panels. In many cases, the referral cards for each panel are self-explanatory. Currently, there are 18 experience panels, most with an equivalent low-fee panel. Each panel card has subcategories of specific issues which include over 100 specific subject areas within the 18 general categories of law represented. A sale of a business would be referred to an attorney on the business panel who handles that area of law, slip and fall injuries to attorneys on the personal injury panel, and so on. Copies of the panel cards are included in this section. Studying them carefully, together with the numerous sub-categories on the various panels, will answer many questions about how any individual matter would be referred. The information in this section will provide basic information about the panels. Following each panel description are sets of questions to help guide your interview in the particular area of law. Also included is a short list of the most commonly referred cases in that area of law.

Keep in mind that sometimes an intake is cross-referenced with another area of law, such as immigration and family. Each attorney panel card lists at the bottom all other LRIS panels to which that attorney belongs. Refer to that information when making such a referral to ensure that the client is referred to an attorney with the appropriate combination of experience.

**The information that follows is not information you would dispense to clients. It is solely for the purpose of background knowledge for you to best understand what elements are necessary for intake and referral in a given area of law. Much of this information could constitute legal advice, which we are legally barred from providing. Once again, do not advise clients with any of the elements described in the foregoing. Use it only as information to be able to assess legal situations.

19 BUSINESS LAW PANEL

Description: This panel includes matters related to starting a business (business formation), incorporation, partnership, joint venture, the sale or purchase of a business or franchise, disputes between partners, stockholders, and contractors, business licensing requirements, sales contracts and business financing issues. This panel also includes international trade (import/export), customs disputes, issues related to anti-trust (unfair competition), pension and profit sharing plans and securities litigation.

Sample Questions:

GENERAL BUSINESS:

Do you have your own business? If yes, is your business in San Francisco? How long have you had this business? What type of business is it?

If no, is the party you are having a dispute with located in San Francisco?

Do you have a written contract for goods or services with the other party?

What do you want an attorney to help you accomplish or what is the nature of the dispute with respect to the business?

How much money has been invested, spent, or lost? How much is potentially at stake?

What is the business name of the other party?

SECURITIES:

For securities issues, seek to understand how much the client invested or lost, which brokerage firm is involved or at fault and what the broker failed to do to cause either a substantial stock loss, or complications in executing stock transactions.

It is often essential to know the name of the brokerage firm to guard against a conflict of interest which the attorney or their firm may have with the particular brokerage involved.

MOST COMMONLY REFERRED CASES:

Formation of a business which may include drafting business contracts, partnership agreements and incorporation; dissolution of a business which may include sale of the business and dissolution of a partnership; conflicts with suppliers, competitors, construction companies; stock broker negligence which has resulted in significant investment losses.

20 CRIMINAL LAW PANEL

Description: Includes all matters related to criminal defendants who have been suspected or charged with violating the California or Federal penal codes. The District Attorney holds the criminal defendant to answer the charge in court and the Public Defender or private criminal defense attorney represents the accused in proceedings. The Public Defender assists defendants for free who qualify because of their very low income and the low fee and regular fee criminal law panel attorneys assist defendants with corresponding incomes. Sometimes a defendant qualifies for the P.D. but would prefer to hire private counsel. Such a client may get a low fee referral and in some cases, may need to demonstrate their commitment by first sending the $35.00 referral fee.

Any situation in which the client has been charged with a crime, or believes they may be charged with a crime because of recent contact with the police or investigators should be referred on the Criminal Law Panel. Some proceedings may be in federal criminal court because the alleged crime occurred on federal property or is an issue of interstate prosecution or Federal law. These are also referable.

One type of claim referred on the criminal panel, called forfeitures, is quasi civil in nature. This refers to property, possessions or money seized by the police and held by them as evidence in the criminal case. Not all attorneys on the criminal panel will handle this type of claim but those who do have it indicated in writing on their cards.

Referrals are also commonly requested for expungements; a clearing of charges from criminal record. This request is often made by individuals concerned about how this will affect their employment. Clients seek expungements in hopes of clearing their “rap sheet” to reflect that they have completed their sentenced conviction (probation) and/or paid all fines and restitution. Some crimes cannot be expunged including strikes, convictions resulting in time served in state prison (except through a Governor’s pardon), or crimes resulting in elevated charges for recidivism.

How to distinguish between what crimes are misdemeanors or felonies is sometimes difficult. One standard is the amount of sentence a criminal defendant could receive. For misdemeanor cases the sentence is defined as one year or less and for felonies it is a minimum of 16 months, (unless the charge is an attempt of a felony crime, e.g. attempted burglary.) The better standard for purposes of referring clients correctly is to judge by the seriousness of the crime. The less serious the crime, i.e. where other people have not been gravely hurt, the more likely the charge is a misdemeanor. Some examples include Driving Under the Influence (DUI), petty theft, domestic violence (battery) cases, solicitation of prostitution, possession of marijuana (not for sale). Some examples of felonies include DUI, when another party has become injured, rape, drug possession, sale and distribution, grand theft, burglary, assault with a deadly weapon, murder and so on. If the client knows, and sometimes they will, in which department of criminal court they need to appear, you may be able to clarify the level of crime, if you are unsure. Misdemeanors are addressed in Departments 13-18, and Felonies in Departments 21-28. (Depts. 10, 11 and 20 correspond to the Magistrate courts which determine if a

21 wrongdoing should be charged as a misdemeanor or felony.) Of course, check with a senior legal interviewer or the LRIS Supervisor if you are unsure which level corresponds to the client’s charge.

Sometimes criminal defendants will call the LRIS collect. Unfortunately, we do not accept these calls.

Sample Questions:

Have you been charged with a crime? If so, what is the charge? Is it a first offense?

Do you have a court date coming up? When? If so, in what county is it? (If the charge is in a different county, usually refer the client to the LRIS in that county. Often they benefit from speaking to a lawyer who regularly practices in those courts and they save the cost of paying a San Francisco attorney to travel elsewhere for court appearances. Exceptions may be made for those counties adjacent to SF.)

What time do you need to appear for your court date?

Do you have an attorney? If yes, is the attorney a Public Defender or an attorney privately retained by you?

Why do you want to change your attorney?

What is the name of your attorney to avoid any conflict of interest with the attorney we refer you to?

(Optional) In what department do you need to appear? (This will indicate whether the charge is a misdemeanor or felony, if there is a doubt.)

DUI, solicitation of prostitution, theft, assault and battery.

22 DISABILITY RIGHTS PANEL

Description: Includes disability discrimination issues related to the lack or denial of reasonable accommodations in conjunction with the special needs of a disabled person in public housing, employment, transportation, and education.

This panel arose in response to the passage of the Americans with Disabilities Act (ADA) in anticipation of disabled clients needing legal assistance in this area. Disability discrimination with respect to employment, education or housing can also be referred on the labor, general or real estate panels, respectively, if a disability rights referral didn’t result.

The main issue in disability rights cases is what efforts the party allegedly discriminating against the client has made to reasonably accommodate him or her. The ADA law stipulates that employers, educational facilities and others, must make “reasonable accommodations” so that the client is able to work, get a degree, live safely in a house, etc. What constitutes reasonable accommodations is the subject of much case law. However, if a disabled client believes there is an accommodation to his/her work or living environment, which would incur no cost or only reasonable cost to the employer, and that accommodation is being denied, an intake should be done and a referral on the Disability Rights Panel attempted. but certainly no cost or reasonable cost solutions to a disabled persons work or living environment could be expected to comply with the law.

Sample Questions:

In what way have you been discriminated against?

By whom? (Get name of employer, educational facility, housing organization, etc.)

How has the discriminating party failed to provide reasonable accommodations for your disability?

Have you complained about the discrimination or lack of accommodations? If so, what, if anything, has resulted?

Disability discrimination with respect to education and labor.

23 ELDER ABUSE PANEL

Description: This panel includes matters related to elder financial and physical abuse, as well as the procurement of government benefits for the elderly and disabled. Financial abuse of an elder could entail a caretaker or conservator converting funds in the elder’s accounts for their own benefit or other forms of fraud involving loans and purchases. Physical abuse matters encompass both emotional and physical abuse of the elder to control, intimidate, or manipulate the elder. Be mindful that physical abuse or neglect cases which occur in nursing homes can be referred not only on the Medical Malpractice panel but on the Elder Abuse Panel as well.

Public Benefits for the Elderly

For social security (SS), Medical and Medicare benefits, the LRIS seeks to refers elders who have been denied these benefits on the Elder Abuse Panel.

Public Benefits for the Disabled

For social security disability (SSD), security supplemental income (SSI), and state disability income (SDI), the LRIS refers clients for an appeal when their application has been denied 2 times. An applicant first applies to receive the benefit and then if denied has the right to file what’s called a “reconsideration”, requesting that the judge reconsider his/her decision. If the reconsideration is denied, the client has a right to appeal the case with a lawyer who will be paid once the benefit is granted. The following are sample questions for this type of referral:

What is the condition for which you are applying to get benefits?

Has your claim been denied twice? When was your last denial?

Have you filed a “request of hearing” for your appeal? If yes, do you have a hearing date yet?

Do you have a copy of your medical file?

What is your age?

When did you last work and what kind of job(s) did you do?

Medi-Cal (M/C) or state disability insurance (SDI) denials require that the legal interviewer obtain details on the reason for the hearing or denial as well as any other information the client can provide to support their side of the claim.

Physical and Financial Abuse

24 What is the nature of the physical or financial abuse?

Has there been any reporting or action taken regarding the abuse?

Does the elder have a conservator?

Is medical assistance necessary for injuries caused by the physical abuse or neglect?

Physical or financial abuse matters.

25 FAMILY LAW PANEL

Description: This panel includes matters related to annulment, divorce, legal separation, child support, welfare or foster care reimbursements to the state, visitation, custody, adoptions, and change of last name, and advice and preparation of settlement agreements. This panel also includes drafting of pre-nuptial agreements, QUADRO or pension/retirement fund assessments, filing restraining orders against a boyfriend or husband (girlfriend or wife, but less common) who batters, as well as issues related to domestic partner laws and gay marriage. In addition, referrals for Limited Scope Representation as well as Collaborative Law are made on the Family Panel and offer clients two different alternatives to traditional family court litigation to settle divorce, custody and financial matters.

The jurisdiction requirements in family law are specific to where the client lives or where the other party lives, if they have moved to a different county or state. Until a legal filing has been made, jurisdiction is valid in either locality. A filing of legal paperwork or a previous court order in one county however, seals the jurisdiction and the case will need to proceed there.

When the parties are not married, jurisdiction for such situations will often depend on where a previous court order (e.g., for child support, custody) was made, or where the child lives, if no orders have ever been issued from a court.

The residency requirement or jurisdiction for a divorce in California is satisfied by residency for a minimum of 6 months in the state, and 3 months in the county where the filing will take place. A party can live 6 months in San Francisco and simultaneously satisfy both state and county requirements. Note that it may be advantageous for a client to consult with an attorney if other circumstances, such as domestic violence or support and custody issues need immediate attention.

Sample Questions:

DISSOLUTION (DIVORCE):

Where do you reside? (Residency determines jurisdiction in family law cases. If the client lives in a different county they may use a San Francisco attorney, but their cases will need to be filed in the county where they reside or where their husband/wife resides.)

How long have you been married (including any period of separation)?

Are you separated? If so, for how long?

Do you have children together?

26 If so, how many ? What are their ages? (if the child is over 18, custody is not an issue)

Has any action been filed? If so, has the other party been served? (Or, have you been served? When?) Have there ever been any court orders? (for child support, custody, visitation, div. settlement)

Do you own any property together?

Do you have communal debts?

PRE-NUPTUAL AGREEMENTS

These are agreements made between two parties who are about to marry to keep the assets or property of one party or both separate and insulated from the community property laws of a marriage.

Be sure to get the date of the wedding! Sometimes clients call in a panic to do something because the wedding is next weekend. The lawyer needs time to draft the agreement and the other party may need time to have it reviewed and advised upon by their own lawyer.

CHILD SUPPORT:

Have you been contacted by or received a summons from the Department of Child Support?

Is the Department asking you to pay child support? Is there an amount quoted?

Have you ever had a court date on this issue? Is there a court date coming up?

Do you believe you are the father of the child(ren) in question?

Have you been paying child support? If so, how much and for how many kids?

When one party in a romantic relationship is physically or emotionally abused by the other party, the victim may seek a restraining order. This order dictates that the other party cease the violent or harassing behavior and stay away from the affected party. Most restraining orders are temporary until a hearing is held in which a judge may make a permanent order which can be in effect for up to 3 years. This situation with a boyfriend or spouse is referred as a domestic TRO on the family law panel. Non-domestic TROs are against a party who is not related to the client, e.g. a neighbor or co-worker, and who does not live with the client, and are referred on the General Panel.

27 ADOPTIONS:

Do you already personally know the child you want to adopt (privately)? If yes, are the parents still around? Do(es) the biological parent(s) consent to the adoption? What is the age of the child you want to adopt?

LIMITED SCOPE REPRESENTATION REFERRALS:

Limited Scope Representation (sometimes called unbundling) refers to an alternative and less costly approach to resolving family law disputes. A client may have been handling their divorce case on their own but then needs the assistance of an attorney for certain other matters in the case. Such a client may be well suited for limited scope representation, where the client and the attorney share the work which needs to occur in the case. At the initial meeting with a limited scope representation attorney a client and an attorney decide and put in writing the responsibility for performing the tasks involved in the client’s case. These tasks can include gathering essential information, drafting documents, filing court forms, negotiating with the other party, making court appearances, attending settlement conferences, contacting witnesses, and other necessary tasks. Limited scope representation therefore is an alternative to full representation services provided by an attorney in which the attorney would handle every aspect of the work in the case. The kinds of cases which are most suitable for limited scope representation are those in which the client is capable of handling certain aspects of the legal case on their own, again with some initial guidance from an attorney. The cost of limited scope representation is usually less to the client than full representation depending upon how much of the casework the client is able to perform. The sample questions for limited scope representation would be the same as those for custody or divorce. The intake description however would indicate what in the case the client has handled on their own and/or that they are interested in handling certain aspects but need an attorney to coach or handle other aspects. COLLABOARTIVE LAW REFERRALS: Like Limited Scope Representation, Collaborative Law is an alternative approach to litigation in the family law courts to resolve family law disputes. Collaborative law is an approach which specifically seeks the agreement of all parties not to go to court. This approach has been gaining wider recognition since its beginning some 20 years ago as an alternative to the adversarial model offered through the family court system. Each client is represented by an attorney and all parties agree to a series of four-way meetings to resolve the issues. Sometimes other professionals such as child therapists, mental health practitioners and financial consultants can become involved in the meetings to serve as coaches to the both parties. Like mediation, the foundation of the collaborative law method is anchored in the process and techniques of collaboration, a process which affords the parties greater control over the outcome.

28 In screening clients for this type of referral, the parties usually need to be able to work together and have the common goal of negotiating amicably to achieve a satisfactory resolution to the issues. Some clients may directly ask for an attorney who handles collaborative law or describe that what they want are the aspects of collaborative law without referring to it by name.

The sample questions would be the same as those for custody and divorce, with reference in the intake description that the client is interested in collaborative law.

LGBT (Lesbian, Gay, Bi-sexual and Transexual) REFERRALS:

This class of referrals is for individuals in LGBT relationships who have custody, support and property issues to resolve. Clients may not directly request such a basis for their family law referral, but you can inform the client that we have attorneys who have been qualified to specifically work with LGBT individuals, and ask if the client would prefer such a referral.

MOST COMMONLY REFERRED CASES: Divorce, child support, custody.

29 GENERAL LAW PANEL

Description: Includes areas of law which require administrative hearings or which relate to suits of smaller monetary value or other matters not covered by one or more Experience Panels. The areas of law represented on this panel include: public benefit and administrative hearing law (Unemployment claims, DMV hearings), collection and collection defense, consumer and credit issues, insurance, lemon law, mental health, name changes, penal rights or prison law, personal property rights, small claims court counseling and appeals, non-domestic temporary restraining orders (TRO), traffic infractions, education, and professional licensing issues. There is also a category marked “other” for claims which are small but don’t relate to any of the above specific categories.

General panel cases will usually not have values much higher than $35,000 and often need an attorney to provide general counseling, to intervene by sending a “demand letter” (a letter which demands payment) to the other side, to negotiate outcomes or any number of other legal maneuvers which generally do not involve the extent of activities common to litigation.

There are no experience qualifications for the attorneys to join the General Panel, as most problems on this panel are smaller and common to many types of legal transactions already performed in other substantive areas of law. However, we require that attorneys possess the knowledge and skill to perform legal services for any areas they select. As a consequence it is sometimes necessary to cross reference a General Panel referral with an experience panel to insure that all issues can be addressed. A common example is a small claims court counseling referral to pursue a landlord for a rental deposit which may involve other tenancy issues for which a Real Estate cross reference would be advised.

The basic question for situations on the General Panel is, simply, what is the nature of your problem. Following that question with others to understand more about when and why, how much is lost or at stake, what action if any, has the client taken to resolve the matter, does the other side have an attorney, etc. will often give the necessary detail.

The following is a listing of each General Panel category, with a brief explanation of the area and the typical cases referred in the category. Sample questions are not included for the various categories on the General Panel (except for the benefit category) as the facts of the situation and what the client wants to have a lawyer do for them, will generally be sufficient for referral.

DMV and Unemployment

Matters involving hearings at the DMV (possibly for license suspension or revocation) or to appeal unemployment (UN),

30 Collection/Collection Defense

Any situation in which a client is seeking to collect money owed to them by another party or to defend against a collection. Collection cases often relate to money paid for services promised but not performed, for refunds on faulty products, for returns of deposits, etc. Collection defense cases often relate to defending against payment of bills, against garnishment of wages, against loan repayment, etc.

Consumer/Credit

This area primarily relates to problems with a creditor trying to collect money, a credit reporting agency that has recorded wrong information on a person’s credit report, buying and selling merchandise, consumer fraud issues, bad car deals, used car problems and repossession of vehicles. Consumer cases with class action potential, such as a manufacturer or retailer who may have defrauded or financially harmed many people, are also handled on this panel with an attorney who also handles business litigation (i.e., crossed with the Business Panel).

Education

This area relates to educational matters, which divide into two types primarily: 1) Schooling issues for children and 2) adult education difficulties. The former may involve kids who are being expelled or suspended, who are wrongfully accused of bad behavior, who have been denied access to educational assistance, etc. The latter may involve adults who have been guaranteed certain classes or supplies in a vocational program and are not getting them, who are having problems graduating or obtaining their degree, who have paid tuition and not been able to continue in the degree program, etc. (*Be aware that children or adults with disabilities, who are not receiving appropriate accommodations in an educational setting may be referred on the Disability Rights Panel).

Insurance

Covers most any situation in which a person is having difficulties with their insurance company, be it for auto, home, health, or other insurance benefit. Often a client is being denied insurance coverage for a particular claim or disputes premium billings. Keep in mind that some denials of insurance coverage may be Insurance Bad Faith situations (discussed in Personal Injury).

Lemon Law

This law applies to new cars or used cars with warranties. The owner will have had problems with the vehicle such that they have brought it to the dealer or their mechanic for repairs many times, have been deprived of the use of the vehicle as a result, have not gotten far negotiating with the dealer to take the car back, and may need to submit a claim against the car manufacturing company.

31 Licensing

This category relates to those clients who possess a professional license, e.g. nursing, home care, social worker, etc. which a regulatory agency is threatening to remove. It may also occur that the license has been denied for failure to comply or fulfill stated requirements which the client believes have been satisfied. Sometimes a hearing is arranged to adjudicate the issues.

Mental Health

Not many referrals are made in this category. A client with concerns related to their mental health condition, medical treatment, insurance problems, institutional problems or someone who is helping another with these issues, may be referred in this general category. Be aware that some issues related to mental health may fall under the Disability Rights Panel if the client has experienced discrimination or lack of accommodation because of a mental disability.

Name change

This category is to refer any client who wishes to change their name legally. Be aware that name changes for children’s last name or for a woman wanting to return to using a maiden name are referred on the Family Law Panel, because of the possible issues relating to paternity or legal divorce status, respectively.

Penal Rights

Not many referrals are made in this category. It is a category reserved for those cases involving the rights of a prisoner with respect to obtaining necessary services, medical or otherwise, which are being denied by the jail or prison.

Personal Property Rights

This category relates to personal property which has been wrongfully taken, damaged or lost, for which the client wants to sue to have the property returned or to receive the replacement value.

Small Claims Court Appeals

A client may be defending against or pursuing a small claims appeal, for which they are able to have an attorney provide representation. Bear in mind that only a defendant in the original small claims court case can bring an appeal. Small Claims Court Appeals are handled in Superior Court.

32 Small Claims Court Counseling

This category is reserved for clients bringing or defending against an action in the small claims court. Someone who is considering a small claims court filing can also be referred in this category.

A person can bring a suit alleging up to $5,000 in damages in the San Francisco County small claims court and must represent themselves before the judge. No lawyers are allowed to practice in the small claims court. The small claims court advisor is available for procedural information on how to file a claim, and may recommend to a client that they contact the LRIS to obtain a consultation with a lawyer to discuss the legal merits of their case.

Traffic Infractions

A traffic infraction is a moving violation or some other citation the police may have made related to the client’s vehicle or driving. The cases most likely to be referred in this category are those in which the infraction(s) will cause the client greater difficulties than just a point against their driving license. For example, increased insured rates, license suspension, loss of job because a clean driving record is required, etc. The graver the consequences for the client, the more likely the attorney will accept the referral to fight the violation in traffic court.

TRO (non-domestic)

Temporary restraining orders on the General Panel relate to situations where another party, who is not an intimate relation of the client, is threatening or harassing the client. The client may have filed a police report, or tried in some other manner to get the other party to stop but without success. Once the TRO paperwork has been filed the restraining order is temporarily in effect until a hearing is held at which a judge may make the order permanent for a specified period of time. The hearing is held to allow the opposing party the opportunity to contest the allegations made in the order. Referrals for clients defending against a TRO and needing representation at the hearing are also made in this subcategory. Be aware that a domestic TRO matter is referred on the family law panel and is discussed in that panel description.

33 IMMIGRATION LAW PANEL

Description: Includes all aspects of U.S. immigration laws, legalization, residency, work permits, change in visa status, employment sponsorship, family petitions, naturalization, citizenship, deportation, political asylum and international adoptions.

Many changes to the U.S. immigration laws occurred after the Immigration Reform Act of 1996 and then again after the Patriot Act in 2001. Be aware that some situations make it easier for a person to better avoid deportation and remain in the United States. If they have children born here in the United States, which automatically makes the children U.S. citizens, or have been here longer than 10 years or are trained in a job or profession for which there is a shortage of American workers, e.g. agricultural work, etc., then they may have a better chance at being able to stay. However, legal residents (non-U.S. citizens) may be subject to deportation if a criminal conviction exists on their record, regardless of how long ago and especially if the criminal charge is a felony. Likewise, any undocumented immigrant who has a criminal conviction may be subject to deportation.

To aid individuals in deportation proceedings, the lawyer referral service administers two distinct pro-bono programs. The first is the Pro-Bono Attorney of the Day. We schedule pro-bono attorneys for both detained and non-detained dockets for the immigration court. These attorneys assist unrepresented respondents in the immigration court for that particular day. The goal is to provide respondents with access to a lawyer who can help them address immediate need, possibly provide future counsel, or a make referral to an appropriate agency.

The other program the LRIS operates is called the Volunteer Immigration Program (V.I.P.). This program was created to provide full scope pro bono representation to respondents who have a clear form of relief or defense to their deportation and meet income requirements consistent with the VLSP income guidelines. Clients are referred to this program either by the pro bono attorney of the day.

In addition to deportation defense matters, the LRIS receives requests for immigration attorney referrals for employment based visas and asylum cases. There are a variety of categories for employment based visa. Typically individuals who are granted or seek such a visa work in a specialized or skilled profession, i.e. nursing, sciences, or information technology. Some clients seek attorney representation in pursuing asylum. Claims for asylum are often related to country of origin, political climate, and /or natural disasters.

The best defense an immigrant may have against deportation or lack of access to public benefits is to become a U.S. citizen. Several immigrant legal resource agencies offer free or low cost assistance to immigrants who have had continuous, legal residency in the U.S. for 5 years and therefore qualify to apply for the citizenship exam.

34 Sample Questions:

A caller who wants to legalize his/her status:

Have you petitioned already to legalize or change your status?

How long have you been in the United States?

What is your country of origin?

Are you married? If so, are you married to a U.S. citizen?

Do you have children born in the United States? If so, how many and what are their ages?

What type of work do you do (if the client is working)? (This question may be relevant for purposes of determining the client’s likelihood of approval for a work permit)

Have you ever had a work visa or work permit?

A caller who is facing deportation:

Sometimes a client facing deportation will call us collect from “immigration hold”. We do accept these calls. The primary jail in the Bay Area where clients are deportation detained is Santa Rita jail, in Alameda County. When a client has called from immigration hold, it means the INS has intervened and is trying to deport him/her. The INS holds a deportation hearing soon after the client has been taken into custody but the client may not know yet the exact date of the hearing. Often in this situation the caller does not have information about what is to happen next. If, however, they do know the date, get that information.

For what reason are you being deported? If the reason is for criminal conviction, what were you convicted of? When? Any other prior convictions? Are the convictions felonies or misdemeanors? Do you know the Penal Code number for the kind of conviction you have?

How long have you been in the United States?

Did you enter the United States legally (with a visa) or illegally (without papers)?

What is your country of origin?

Do you have any children born in the U.S.?

35 Do you have other family here who are legal residents or citizens?

What is your status here in the U.S.? Are you a legal resident? Do you have a green card? Are you undocumented, without legal papers?

Deportation and adjustment of status or legalization.

36 INSOLVENCY (BANKRUPTCY) LAW PANEL

Description: Includes all matters related to consumer (credit card, loans, taxes, etc.) or business debt, in which a person seeks relief from having to pay back the entire amount of the debt.

There are three principal types of bankruptcy which are referred to as Chapters 7, 11, and 13. Rarely is it necessary for intake to know from the client which chapter they would declare. For purposes of a general understanding however, chapters 7 and 13 relate to consumer or personal debt and chapter 11 relates to business debt. Often, the declaration of a chapter 13 can help a person save their house from foreclosure by the bank or mortgage loan company which originally lent the money to purchase the house. Also, some debts are not ones a person can discharge through bankruptcy, such as taxes, child support and some student loans. Again, you don’t have to explain any of this directly to the client AND it may constitute legal advice to do so. It is best that the client be referred to an attorney for them to fully analyze the client’s situation.

Sometimes people who are owed money want to speak to a bankruptcy attorney. These people are called creditors. Often the reason for this is that the person or business which owes the money has filed for bankruptcy. In such a circumstance the person owed the money may want to declare him or herself as a creditor at what’s called, a “creditor’s meeting”, which is generally held at the bankruptcy court, to try and secure some payment back to them.

Sample Questions:

How much do you owe, approximately?

What does your debt consist of? Loans? Credit card debt? Medical bills, etc.?

Have you received notices from creditors (the people who say you owe the money)? If so, what do the notices say?

Consumer (personal) bankruptcy.

37 INTELLECTUAL PROPERTY RIGHTS PANEL

Description: Includes all matters related to legal protection for original ideas and inventions (patents), literary and written material (copyright), contracts for music or entertainment, computer software protections and licensing, and trade secrets.

Sample Questions:

What is the specific issue you need a lawyer to help you with?

(for issues related to an invention):

Without revealing to me what your idea is, can you tell me whether the product is chemical, mechanical or electrical in nature? Or in what way the product would be used? (Often a client will say, for example, “it is something you can use in your car”…)

**In this area of law especially, names of companies or persons may be highly sensitive information. Often it is not essential to know whom a person is contracting with to cut a CD or have their manuscript published for purposes of the referral. Understand, nonetheless, whether a person has already begun to negotiate with someone or has a company interested in pursuing their material, music, invention, etc.

Patent and copyright.

38 JUVENILE LAW PANEL

Description: Includes all matters related to proceedings in Juvenile Court for dependency and delinquency child cases.

Basically the Juvenile law panel divides into two areas: dependency law and delinquency law. Dependency deals with the issue of actual or potential removal of a minor from a home because of allegations of child abuse or neglect. In this area, both the minor and the parent(s), legal guardians or de facto parents (people who are not the biological parents who may be taking care of the child), or some custodial adult may need representation. Delinquency is the equivalent of criminal law for juveniles under 18, and panel attorneys provide representation of the minor who is charged with a crime.

A dependency case is one which involves protecting the safety and welfare of a child. Usually the parent(s) to the child in question is (are) brought to court to determine whether the child should remain with them or live for a time with a relative or someone else who has cared for the child before. Most often there is a charge or allegation of abuse or neglect which is brought either by the Department of Social Services or the Child Protective Services (CPS) or a doctor, teacher or someone who are legally mandated to report neglect or abuse. Many times the problem is because the parent allegedly has a drug addiction or is allegedly violent towards the child. Possible outcomes to these cases include removing the child from the biological parents for a temporary period until the parent(s) get treatment of some kind or become more able to provide a safe environment for the child; or permanent termination of the right to parent the child. In such cases, the child may be placed in foster care or be adopted by another person.

A delinquency case is one which involves a minor being charged with a crime. The juvenile court however, is different from regular, adult criminal court in that a defendant is not judged by a jury; the trials are private, not public, and different, lesser sentences apply. In the event of a very serious crime, however, the juvenile court may rule that the minor should be tried as an adult. The possible outcome of delinquency cases may be that a minor convicted of a crime serves time in Juvenile Hall. It is also possible that the minor could have their criminal record sealed once they turn 18.

Most of the juvenile court matters that the LRIS handles are related to assisting the court by scheduling an attorney to be available every day for appointment by the court. Only on rare occasions would the LRIS provide a private referral to a juvenile attorney for a consultation. The reason for this is that minors are virtually always considered indigent and are therefore eligible for a court appointed attorney. Even for adults (in dependency cases) the financial guidelines for appointed counsel are more lenient than in the criminal courts. In addition, the pool of attorneys that the court draws upon to assign to clients is the same pool we draw upon for private referrals. Potentially, a client could have the same attorney appointed by the court or by us but have to pay hourly fees if we provide the private referral. You may want to clarify that an attorney will be assigned to them at their court date. However, if the client prefers a private referral, we can refer them. The

39 issue of juvenile referrals can be somewhat complicated so always ask the LRIS Supervisor if you are unsure whether to refer someone through the LRIS.

Sample questions for dependency:

What is happening currently?

Is the child with you or with someone else? How long has the child been with you or the other person?

Have there been any court dates? If so, what has happened?

Do you have an attorney? Who is the attorney?

What is being alleged about you or the other parent or about the caretaker of the child?

Sample questions for delinquency:

What criminal charge has been made against the minor?

Is the minor in custody?

Has there already been a court date? If so, what has happened?

Do you have an attorney already?

**If you get a call from someone who does NOT have a court date but needs a dependency law attorney, or who has missed one or more court dates, they should contact the Department of Human Resources to request that an attorney be appointed. They will “add” the client to calendar, which means they will make a court date for the client to appear. At that time the court will appoint them an attorney. The number they should call is 551-3900.

40 LABOR RELATIONS PANEL

Description: Includes disputes between employee and employer, civil servant employees and their municipal employer, and union, management and employee conflict; problems related to early retirement, employee pension and health care benefits, and reasonable accommodation for an employee’s disability. Also includes issues of employment discrimination and wrongful termination or discharge as well as review of separation or severance agreements, when a client leaves their employer.

Most employment situations do not arise out of a written contract but rather are at will arrangements, which allow for the employer to fire and the employee to quit without reason. There are exceptions to the “at will doctrine” which may allow for an employee to argue that their termination from employment was illegal. The most common exceptions include whether the employer may have discriminated against the employee (based on the Title VII categories, including reverse discrimination), retaliated against him/her for “whistle-blowing” i.e. for reporting to a regulatory body or other official unit that employer is doing something illegal, and for violating the terms of a written or implied contract (i.e. an understanding that is established by the routine behaviors and actions of both parties). Some examples of legal grounds for firing an employee include poor performance, personality difficulties, egregious conduct, or insubordination. There may be subtleties to all of these, so definitely consult a senior legal interviewer or the LRIS Supervisor to be sure before deciding upon doing or not doing an intake.

When talking to a client about an employment situation, how long they have been employed is very important. A long-term employee may have greater damages than a short-term employee, because their wages are more substantial to lose and their loyalty to the employer over the years may count in monetary terms. So an employee who has been terminated after 10 or more years of employment is generally always a client to intake, regardless of the reason for the termination. By the same token, an employee fired during the first 3-months of their employment, sometimes called the probationary period, is almost never a case to intake because of the trial nature of that period.

However, the gray area in between includes several factors. For example, if the basis for the client’s firing was discriminatory (e.g. for reasons of race, gender, age, disability, national origin, religion etc.), the client may have legal recourse no matter what the length of employment. If the client makes a complaint about safety in the work place, or about the employer’s discriminatory practices and is fired as a result, they may have a claim as well. Likewise, if the employee has been sexually harassed on the job, no matter how short the employment, an intake should be done.

Another area of labor law concerns the employee who is discriminated against because of a disability. If the employer has failed to provide reasonable accommodations to their employee with a disability, they may be in violation of the Americans with Disabilities Act. What constitutes a reasonable accommodation is the subject of much case law, but for purposes of intake, understand that an employer may be liable for not being open to making some kind of adjustment for a disabled or recently disabled employee.

41 There are three agencies in particular to keep in mind when referring an employee outside the LRIS. The Equal Employment Opportunity Commission (EEOC) and the Department of Fair Employment and Housing (DFEH) both investigate allegations of discrimination. The former primarily handles federal employment issues, the latter state employment, but either can be called. However, if a client places a call to one, the other does not also need to be called. If someone has already registered a complaint at one of these agencies they might have been issued a “right to sue letter” when the investigation is over. Usually the client has one year after receiving the letter to file a lawsuit, or a specified number of days indicated on the letter. Virtually always when a client has such a letter, an intake is done. A third entity is the Labor Commissioner’s Office which assists employees with unfair wage and unhealthy working condition complaints. Their office often arranges a hearing for a ruling on the issue(s), for which a client can find legal representation through the LRIS.

Sample Questions:

What is the nature of the problem you’re having with your employer?

Is the employer in San Francisco? Who is your employer? (Assure the client that this information, as all other information about the case is confidential.)

Have you been fired from your job or are you still working there? If fired, when were you fired? What reason did the employer give you for the firing? Is this reason valid? If no reason given, what do you think the reason is for why you were fired? What is that last date your paycheck was received? (The employer has 24 hours to pa yemployee the final paycheck if fire; 72 hours if employee is resigining and at least 72 hours notice of the resignation was provided)

How long have you been working there?

Have you gotten favorable performance reviews?

What position do you have and how much do you earn annually at the job?

Have you had good work performance evaluations at your job?

Do you have a union? If so, have you spoken with your union about your matter? What has the union done?

(For discrimination):

42 In what way have you been discriminated against on the job? Or, what would you cite as behaviors or statements to show how the employer is discriminating against you? Have you ever filed a complaint with the Equal Employment Opportunity Commission or other agency? If so, what have they determined?

Have they ever given to you what’s called a “right to sue letter”? If so, when did they give it to you? How long to you have to file a lawsuit?

How many employees does your office have?

(For harassment):

What is the nature of the harassment? If sexual harassment, what was said or done to you (if you can tell me that)? Did you make a complaint to someone (a supervisor, human resources)? If so, what happened as a result?

If verbal harassment, what is said to you? How are others at the work place treated in comparison? Have you been able to make a complaint about this? If so, what happened as a result?

(When a union is involved):

Have you been able to talk to your union representative about the problem with the employer or about the fact that you were fired?

What has the union been doing?

Has the union ever said they won’t or will no longer handle your case?

(Keep in mind that when a client is represented by a union, many of the LRIS attorneys who practice in this area of law will not accept a referral until the union is no longer involved. This is because the collective bargaining agreement will often stipulate that the union is to provide legal representation for the employee in any dispute with the employer. In a case where the client complains that the union “isn’t doing anything”, look to the strength of other factors in the case to consider an intake: e.g., length of employment, salary, insubstantial reason for termination, etc.).

MOST COMMONLY REFERRED CASES: wrongful termination, discrimination, job harassment, benefits issues.

43 LEGAL MALPRACTICE PANEL

Description: Includes matters related to attorney negligence in a case, such that permanent or irreversible damage or an exceptionally negative result has resulted in the case.

Typically, the negligence of the attorney results from some error or omission. Legal malpractice includes, but is not limited to, situations in which attorneys have not taken some necessary legal action by a certain date, such as letting a statute run, or situations where the actions of the attorney were incomplete (such as failing to list a particular defendant in a suit). Generally speaking, clients can be referred on matters involving their relationship with their attorney, but not with an attorney representing an opposing party.

Even more than most areas of law, it is important to distinguish legal malpractice from other matters that clients often erroneously refer to by that term. If a client is dissatisfied with an attorney’s performance and has a dispute regarding the fees paid to an attorney, that issue alone would not be referred to a legal malpractice attorney. If there is a fee dispute with a San Francisco attorney and the amount of the dispute is $500 or more, the matter would be referred to the BASF fee arbitration department. If the amount is under $500, the matter would be referred to the State Bar of California. The exception to this is that, regardless of the amount, BASF’s fee arbitration department would be appropriate if the client’s dispute is with an attorney referred by the LRIS. If there is a more tangible issue of attorney negligence in conjunction with a fee dispute, the negligence would more accurately apply to a legal malpractice referral and the fee issue might be part of that larger issue.

Also, clients can have problems that arise from real or imagined inattentiveness of their attorney. This would not necessarily lead to a legal malpractice referral. Be attentive though to determine if the client would like to consult with a new attorney about the underlying case. Again, in order for us to make a legal malpractice referral, the offending attorney has to have blown a time deadline or otherwise conducted the case so poorly as to leave no possibility of proceeding. If a client would like to make an ethics complaint about the actions of a California attorney, such complaints would be directed to the State Bar of California’s Attorney Complaint Line. That number is 800-843-9053. All of the above listed issues are not necessarily mutually exclusive from legal malpractice. The client may have more than one of these issues arising out of the same attorney/client relationship and again, depending upon the strengths of the facts so far as they apply to negligence, the client may be referred on this panel.

Sample Questions:

What did the attorney do or fail to do which damaged your case?

Are you still able to pursue your case or is there no other action left you can take?

44 What is the nature of the underlying case (the case handled by the attorney)? (When the underlying case is a family law case, often the types of legal issues can be brought back to court, such as child custody issues or visitation and support. Some property settlements, however, may be final agreements and therefore not reparable if the attorney was negligent. Because some issues in family law can go back to court, some legal malpractice attorneys are reluctant to take referrals for these cases. This is not a reason, however, to turn away a legal malpractice case, only a point to note.)

Do you know what amount of money that could have been won had the attorney prevailed?

To avoid any conflict of interest with the attorney we refer you to, who is the attorney whom you would like to sue?

Are you aware whether your attorney has malpractice insurance?

Have you filed a formal complaint with the State Bar of California? If so, have they investigated your complaint and told you of any action they are taking?

45 MEDICAL MALPRACTICE PANEL

Description: Includes issues of injury resulting from negligence of medical doctors and dentists. Injuries resulting from the medical negligence of other medical professionals such as nurses, paramedics, psychiatrists, etc., would also be categorized for referral on this panel, but such cases are often more challenging to refer.

When considering the issue of medical negligence, the primary issue to understand is whether the doctor or dentist didn’t do something considered to be standard in the profession, e.g., not ordering a test of an unexplained lump, or did something not considered standard, such as removing a tooth when otherwise only a root canal was needed, etc. Sometimes a misdiagnosis can constitute negligence, especially if surgery or a serious illness has resulted from the lack of or delay in appropriate treatment. Be aware also that surgeries or medical treatments which don’t result in the desired outcome do not necessarily constitute medical negligence. Known complications that result may not constitute medical negligence. If the results are egregious, however, it may be appropriate to consider an intake. It is also considerably helpful to the referral processes if the client has spoken to another doctor and received a second opinion, especially if the second doctor indicates in some way that inappropriate procedures or treatment were performed.

In medical malpractice cases the statute of limitations is a bit varied. The client has one year to file a claim from when he/she knew or should have known that malpractice occurred or up to three years if the malpractice was not known. If discovery of the malpractice occurs close to the three year end point, the client may file an “intent to file a claim” form to gain an extra 90 days to file a lawsuit. For foreign objects left in the body, such as a sponge or piece of surgical equipment, the statute is one year from the point of discovery, with no limit on how much time has passed since the date of surgery.

Sample Questions:

For both medical and dental:

When did the malpractice occur or when did you discover that the doctor/medical practitioner had been negligent?

What additional treatment for your injury is needed? Do you require assistance or care on a daily basis because of your injury? For how long will this assistance be needed?

Is your injury/condition irreversible, resulting in a permanent injury?

Have you ever sought a second opinion about your medical/dental condition? If so, what did the consulting doctor/dentist indicate?

What has been the cost of your treatment so far? Cost of future treatment?

46 Do you have your medical records or any part of your medical file?

What is your age?

What is your occupation? Have your injuries prevented you from working? Will your injuries prevent you from working in the future? What was your salary at your job?

47 MILITARY LAW AND VETERAN’S BENEFITS PANEL

Description: Includes all matters related to disciplinary proceedings, consisting of courts-martial and administrative punishment given under Article 15 of the Uniform Code of Military Justice; and proceedings before Administrative Military Boards, such as discharge boards and courts of inquiry. Also included are appeals of Veteran’s benefits which have been denied. Veterans may also be referred on this Panel to initiate a claim for benefits and in this instance, attorneys provide free legal assistance.

Sample Questions:

What branch of the military are/were you in?

What is the length of the time you have served?

What is your rank?

What is the issue you need legal assistance with? (If the issue is discharge from the military or some disciplinary action), Is there a hearing that is set or some deadline to respond by?

What is the military alleging is the reason for what has happened?

Sample Questions for Veteran’s benefits:

What benefits are you seeking?

When did you receive notice that your benefits were denied?

Dishonorable discharge and discipline.

48 PERSONAL INJURY LAW PANEL

Description: Includes matters related to a tort (or injury) claim against a person or entity. Examples of such claims fall into the following categories: auto accidents, slip and fall, assault, libel/slander, civil harassment, as well as product liability, wrongful death, admiralty and aviation injury claims. This panel covers problems involving injuries to a person’s body or mind (including emotional distress) whether negligently or intentionally caused.

Claims for compensation by injured employees against their employers (rather than other persons) fall under the area of Worker’s Compensation law. However, an injured worker may have what’s referred to as a 3rd party claim if the cause of their on-the-job injury was because another party, other than the employer, was negligent. For example, a worker who becomes injured while on the job when the elevator she was riding in malfunctions and falls several floors. It is possible that the worker has an injury claim against the party responsible for the elevator, for failure to keep the elevator in safe working order.

Sample Questions:

AUTO ACCIDENTS:

Where did the accident happen? (Establish jurisdiction of the case)

When did the accident happen? (Be sure there isn’t a statute of limitations problem)

Are you injured from the accident? If so, have you been to see a doctor? If so, what is the medical diagnosis and proposed treatment the doctor recommends? Do you have an estimate yet of your medical bills? Are you still under a doctor’s care for your injury? Have you missed any work because of your injury? If so, how much work and how much is your monthly salary?

Do you have an estimate for the damage to your car?

Do you know whether the other party, the party who hit you, is insured? If yes, who is the insurance company? If no, do you have uninsured motorist coverage on your car insurance (assuming the injured party is insured)? If no, what asset and income information do you have on the other party? (Does the other party work, own a house, run a business, etc.)

49 Was a police report made? If so, does the police report indicate which party was at fault? If so, do you have a copy of the police report?

What is your age? (Age may be more relevant if the injured party is older, because they may take longer to heal…)

ASSAULT:

As for all injury cases, determined when and where the injury occurred, what medical treatment the injured party is receiving and whether a police report was made.

In addition:

If the assault occurred at a business (e.g. a bar), was security or safety an issue? (If the business failed to provide a safe premises, the injured party may have a tort claim against the business and/or its insurance company)

If the assault was by another individual, not in a place of business, what income and assets information do you have about the party who committed the assault?

Was the party who assaulted you arrested and charged? Has there been a conviction?

Were there any witnesses?

Special case: Sexual assault

If a client wants to sue the party who sexually molested and/or abused them as a child, a special law in California lengthens the statute for filing:

The injured party has until his/her 26th birthday to file for the abuse.

If the abuse has been repressed by the injured party, and through therapy the party has come to realize the abuse, then he/she has 1 year from the point of discovery (realization) to bring a claim.

In what town did the abuse occur?

Where does the abuser reside?

Does the abuser work, own property?

LIBEL/SLANDER:

50 What was said or written that is false?

Who said or wrote it?

What has been the effect on you since the libel or slander? Have you been treated differently by others because of the statements? Have you lost any wages, work or prospects? What has been the damage to your reputation in your profession, community?

Does the other party work, own property?

PRODUCT LIABILITY:

These cases involve injury to a person because a product has malfunctioned. The product may have malfunctioned because of a flaw in the design or the manufacturing of the product.

What is the injury and proposed treatment for the injury?

How did it occur?

Were you using the product correctly, for its intended purpose?

Who is the manufacturer of the product? Do you know where the headquarters for the manufacturer is?

**The above set of questions refers to several subcategories of law on the personal injury panel. The other areas not covered here, such as slip and fall, follow the same general line of questioning, to determine jurisdiction, extent of injury and liability of the opposing party. If you have any questions about applying the information here to other types of injury cases, please ask a senior legal interviewer or the LRIS Supervisor.

MOST COMMONLY REFERRED CASES: auto accidents, slip and fall, and assault.

51 PROBATE, WILLS, TRUSTS AND ESTATE PLANNING PANEL

Description: Includes all matters related to probate and asset distribution of an estate, wills, trusts, living trusts, gifts, estate or inheritance tax issues, guardianships, conservatorships and other probate code proceedings.

This panel covers how property, real estate, money, bank accounts, securities, life insurance proceeds, pensions, personal belongings, etc. will be disposed of at death, or by trust or outright gift prior to death, including planning for maximum tax savings, preparation of wills and trust instruments, and other estate planning documents. Also included would be any dispute by a potential heir regarding the disbursement of assets at time of probate.

Conservatorship involves protecting property and/or managing the care of persons who are no longer mentally incompetent, or suffer with severe illness. Guardianship is obtained over a person younger than 18 who needs the special care of someone other than their parent. This may be necessary because of a mental or physical disability.

Jurisdiction: The county in which the person died or owns property is the county which has jurisdiction over the probate. So long as one of the criteria occurred in San Francisco, or nearby county, we can intake the case here.

Sample Questions:

Probate:

(Always with recognition of the client’s grief) Who passed away? (family relation or friend)

When did the person pass away?

Where did the person pass away?

Was there a will? If not, who survives the deceased? (Keep in mind that in the event that there is no will the line of succession follows first to the deceased’s spouse, to their children and then to their parents, if they are still alive). Who believes they are entitled to any portion of the estate?

Were you named in the will? If so, what does the will specify? If not, do you have reason to believe you should inherit something?

52 Do you have a copy of the will?

What is the estimated value of the estate?

Has anything been filed in court yet?

Does anyone disagree with you about who gets what part of the deceased’s estate?

What assets, property, belongings, etc. would the will indicate should be passed on?

Do you have a pre-existing will? If so, when was that will drafted?

TRUSTS/ESTATE PLANNING

What property or assets would the trust consist of?

What is the estimated value of the estate to be placed in trust?

MOST COMMONLY REFERRED CASES: probate, estate planning, will drafting/contests.

53 REAL ESTATE PANEL

Description: Includes the buying and selling of real estate, transfer of property ownership including quit claim deeds, home construction contract disputes, disputes between neighbors (e.g. property lines, infringement of view, interference with home ownership, etc.), easements (use of private property for public use), condominium association issues, landlord/tenant eviction, habitability problems, rental and lease agreements, and tenant lock-out.

The more complex intake area on this panel is the landlord/tenant sub-category. Many of these cases involve a dispute between a landlord and a tenant, the most common of which are tenant evictions. The rules related to landlord/tenant law involve the tenant’s rights to basic habitability of their rental space. The tenant is entitled under the law to the use of heat, hot water, a functioning stove and toilet, windows that open as well as a unit that is free of insect infestation, leaks, peeling paint, excessive noise, etc. Not having the use of one or more of such features in a rental unit constitutes problem of habitability. The tenant may withhold part or all of their rent if the landlord fails to address the repair of such problems in the unit. It is a stronger set of facts if the requests for repair to the landlord are in writing and if the tenant has put the withheld rent in a separate bank account. Such cases involving habitability issues are always affirmative, meaning a case where money damages are possible, and are therefore always referred on the regular fee Real Estate Panel.

The landlord may also evict a tenant with proper written notice as specified in their rental/lease agreement (often 60 days notice) in order to move himself/herself or family members into the unit. A landlord may also try to evict the tenant because the tenant is late or has failed to pay rent. If the tenant hasn’t paid the rent, the landlord may serve a 3 day calendar notice called a pay or quit notice, which asks that the tenant pay the rent owed or move out within the 3 days. If the tenant can’t pay or won’t pay (perhaps because they have withheld rent legally for breach of habitability) and remains in the unit, the landlord may follow the 3-day notice with a 5-day summons and complaint known as an unlawful detainer. This notifies the tenant that they have unlawful possession of the unit and need to file a legal response to the notice within 5 days or move out. If the tenant files a response, a settlement conference and trial date are set very soon. If the client fails to respond to the complaint, the landlord may file to have the hearing and obtain an automatic judgment in their favor. With such a judgment the landlord can solicit the assistance of the Sheriff’s office to physically remove the tenant from the unit. (The Sheriff serves notices on Wednesdays for the tenant to be out by the following Wednesday, otherwise they will come to move them out.)

Sometimes a tenant can buy one more week of time if they have the equivalent in rent. The tenant is to be notified by the court that a judgment has been entered against them known as a default judgment. If the client receives such a notice or learns about the judgment on their own, they may try to set aside the default judgment, or in other words, remove the judgment from having been entered in the first place. The tenant may have

54 good grounds to have the judgment set aside if they did not receive any notice of the eviction or were served improperly. The one organization in town for unlawful detainer action (UD) and “stays of eviction” (buying one week to stay in the unit) is the Eviction Defense Collaborative or EDC. They assist people on a sliding scale and any San Francisco tenant can go to them. We can also refer people on an emergency basis if they prefer an attorney. Be aware that all notices of eviction must be written, not verbal, to be legal and the landlord must always give a reason for eviction. Also, landlord/tenant cases should always be referred to the specific county in which the tenant resides or the landlord has property, because the rules and ordinances in this area of law may vary county to county.

Sample Questions:

BUYING AND SELLING

What do you need an attorney to assist you with?

What does the transaction (buying, selling, transfer of ownership, etc.) involve?

What is the nature of the dispute (re: neighbor, construction contractor, property lines, etc.)?

LANDLORD/TENANT(residential or commercial)

What is the nature of the problem with the landlord?

Have you communicated the problem to the landlord in writing?

What has the landlord done to address the problem?

Have you been served any notices or received any letters related to eviction? If so, what type of notice is it? When was it served? By when do you need to respond? What is the reason given by the landlord for the eviction?

Do you have a written lease with the landlord?

Are you current on rent?

Has there ever been a court date is there a court date scheduled to occur?

Who is the landlord, tenant or co-tenants? (To avoid possible conflict of interests with the attorneys)

55 Eviction, home construction disputes, buying and selling of real estate.

56 TAXATION

Description: This panel would address all tax issues that a client would have with either the Internal Revenue Service (federal) or the Franchise Tax Board (state of California). The client may be an individual of an entity such as a business. Businesses may also have dealings with the State Board of Equalization regarding sales tax which would also be addressed on this panel.

Sample Questions:

When a client has failed to pay their taxes:

Have you received any notices from the IRS or State Franchise Tax Board? If so, what do the notices say?

How much does (either) the IRS or the State Franchise Tax Board say you owe?

For which tax year(s)?

When did you last file a return?

Is this personal income tax that is owed or business tax?

Is there any deadline coming up? If so, when is it and what is it for?

Non-payment of income taxes.

57 WORKER’S COMPENSATION PANEL

Description: Includes all issues related to a worker who is injured on the job, during the regular course of employment, and the medical and wage benefits available to him/her through the employer’s Worker’s Compensation insurance company.

An employer is mandated by law to carry insurance to cover their employees when they become injured on the job. In rare instances, however, an employer may not carry such insurance to try and save money. When this occurs it can be harder for the injured party to recover damages, but there may be extra penalties assessed against the employer for operating without worker’s compensation insurance. We always intake the injured worker in this case and also intake the out of compliance employer, if they call in. An employer can be referred to a worker’s compensation attorney who also handles employers. In such a case, the employer pays $35 for the consultation.

One type of worker’s compensation claim does not involve a physical injury but instead a psychological stress injury. This can arise from verbal harassment on the job, overwork, or other reasons. A stress worker’s compensation claim depends upon a psychologist or psychiatrist’s analysis of the client’s condition and their assessment that the cause of the client’s stress is their job. Often the client needs to be off work already (the longer they have been off work, the better our chances of making a referral), be under a psychologist or psychiatrist’s care, and have some medical assessment, preferably in writing, that the stress is work related to successfully be referred on the panel. Note that not every attorney on this panel handles stress claims. If the client has never filed a claim, you may want to refer them first to the Worker’s Compensation Information and Assistance Office at 800-736-7401. At this number, the client can get many questions answered and be oriented in how to proceed.

Sometimes an injured employee is fired because the employer says they can no longer “do their job”. If the reason for firing is because of their on-the-job injury, the client may have a discrimination claim, which is also sometimes referred to by its law code number, “132A”. 132A of the Worker’s Compensation rules states that an employer cannot discriminate against an employee because of an on-the-job injury. Such a claim is generally handled by a workman’s compensation attorney, although it happens that some clients will request a labor attorney for such a claim, even, in some instances, because their worker’s compensation attorney advised them to. If there are no other employment issues, such as harassment on the job or lack of reasonable accommodations, etc., to add to the 132A claim, it is virtually impossible to refer a 132A claim to a labor attorney through the LRIS. Such cases are referred on the Worker’s Compensation Panel instead.

Also a client may have a 3rd party claim if another party other than the employer was negligent in causing their injury. Be aware that a client cannot directly sue their employer, unless there is an issue of gross negligence, or in other words, and extreme breach of safety by the employer. Otherwise the injured worker’s remedies are through the Worker’s Compensation system which often has more limited returns than personal injury claims. If you are ever unsure about whether the client has a worker’s

58 compensation action vs. a personal injury claim, ask a senior legal interviewer or the LRIS Supervisor. In some instances the client will have both!

Sample Questions:

What is your injury?

Where did it happen? In San Francisco? At work or during work hours?

When did it happen? How did it happen?

Have you filed a Worker’s Compensation claim?

What is the name of the Worker’s Compensation Insurance company?

Are you able to work? If not, are you receiving worker’s compensation benefits? Has the doctor indicated how long you may need to be off work?

Are you seeing a worker’s compensation doctor, a doctor recommended to you by the Worker’s Compensation Insurer? What is his or her name? What does the doctor say about your condition?

Are you seeing your own private doctor? What does he or she say about your condition?

(For cases that are older and farther along)

Have you ever been evaluated for what percentage of permanent disability you have because of your injury? If so, what is the percentage of disability the doctor believes you have?

Have you ever done Vocational Rehabilitation or retraining for another type of job?

Has the Worker’s Compensation insurance ever made an offer? If so, what is/was the offer? Has the insurer offered to pay your future medical expenses?

Injured workers, stress workers’ compensation claims.