RULES FOR PANEL MEMBERSHIP
The client connect service assists individuals in need of legal services or advice, by helping them determine
whether they require and may be able to hire the services of a lawyer in private practice and, if so,
connecting them to attorneys who have been screened and selected by the Service and who agree to
abide by its rules. When appropriate, the Service matches individuals to other programs or agencies.
The goals of the Service, including its staff and the attorneys who are Panel Members, are to
provide information and , connect potential clients to lawyers or other resources to provide competent,ethical
legal advice and representation, to educate the public about legal representation, and to increase respect
for the legal profession.
In consideration of being listed as a Member of one or more Panels of the Service,
each Panel Member shall be bound by the rules of the Client Connect Service .
Panel Application Process Panel" means the group of attorneys listed by the Service as being eligible to receive email notifications of clients requesting a lawyer
in any of the Panel Categories or Sub-Categories established by the Service.
"Panel Member" or "Member" means any attorney listed by the Service from time to time as
eligible to receive contacts of requests in any of the Panel Categories or Sub-Categories. "Panel
Membership" or "Membership" means the status of an attorney as a Panel Member.
Membership on any Panel is open to attorneys who are in good standing before the Bar
who actively practice law, who have
been actively practicing law for more than two years, who meet the Service's requirements for Panel
Membership, and who agree to be bound by rules of the Service as in effect from time to time.
An attorney who desires to be listed as a Panel Member shall make an application to the
Service in such form as shall be established from time to time by the Service.
The Service shall review the suitability for Panel Membership of each Panel Member or
applicant for Panel Membership and may, if a lawyer's application for Panel Membership is
deemed inadequate or deficient, deny such application without an interview. If the application is
denied, the applicant shall be so informed in writing.
Each applicant for Panel Membership, including any Panel Member who desires to be listed
as a Member of a new Panel, may be required to submit to a personal interview. Each Panel
Member who desires to have his or her Membership renewed may be required to submit to an
interview.
The Service has the absolute discretion, right and power to grant or deny any applicant's or
Panel Member's application for Membership on any Panel, to renew or not renew any Panel
Member's application for renewal of Membership on any Panel, to limit the participation of any
Panel Member on any Panel, or to remove any Panel Member from any Panel. No finding of
professional misconduct or other wrongdoing is necessary for or is to be implied from any action
by the Service which results in the suspension of referrals or removal from or non-renewal of
Panel membership.
Panel Membership Requirements and Obligations
Membership Fees
Each Panel Member shall pay a monthly base listing fee for each
Category under which he or she is listed as a member plus a processing charge .
Duration of Membership
Each Member's listing shall be effective for six months and may be renewed
thereafter.
Local Office Requirement
Each
Panel Member shall engage in the practice of law and maintain an
office in that area suitable to receive clients during normal business
hours.
Response Time to Clients
Each Panel Member must respond within 24 hours (preferably sooner ) to the client connected to the lawyer.The lawyer must confirm contact via email to client lawyer connect.
. Each Panel Member must inform the Service if he or she will be
unable to return phone calls from new referral clients for a period of three or more business days.
Written Retainer Agreement Requirement
It is recommended that written fee agreements be used for all matters in which clients are
charged fees .
The Member shall enter into a written fee agreement before rendering substantial
services in a matter that may involve a fee in excess of $2,500.00 unless the Member reasonably
concludes that under the circumstances it is impractical or inappropriate to do so. To the degree
practical, the agreement shall outline the work to be performed and the basis of the fee and be
signed by the client.
Each Member agrees not to charge any additional fees or to increase his or her fee for
the purpose of compensating for the amount due the JALA .
Fee Disputes between Client and Panel Member
Upon the client's written request, the Service may submit any fee dispute between a
Member and a client of the Service to such person, persons or forum as may be designated
by the Service for binding arbitration.
In the event of an arbitration proceeding, the Member shall cooperate fully in the timely
conduct of such proceeding and shall not file or prosecute a lawsuit for the collection of the fee in
question or assign such fee for collection except for the enforcement of the arbitration award.
Nothing in this section shall preclude the parties from agreeing to mediation of any fee dispute
between a Member and a client.
Fee Disputes between Member and the Service
Each Member agrees that any fee dispute between the Member and the
Service shall be submitted to a mutually agreeable arbitrator or mediator. If the
Member and the Service are unable to agree upon an arbitrator or mediator for said
dispute, the dispute shall be submitted to the American Arbitration Association.
Each Member who is retained to handle a matter referred to such Member by the
Service shall maintain responsibility for and control of such matter. A Member shall not
transfer responsibility or control of any matter from the Service
unless required by law, court order or the written direction of the client.
However, the foregoing shall not prevent a Member who is associated with a firm or group
from having aspects of the matter handled by another attorney in the firm or group under the Panel
Member's supervision, provided that the Panel Member retains responsibility and control.
Responsibility of Panel Members
1. A Panel Member who is not retained on or does not accept a matter ,
shall not refer the matter to another attorney or recommend another attorney to the client, but shall
refer the client back to the Service , except as provided below.
2. A Panel Member who is retained on a matter shall maintain
responsibility for and control of such matter. If the client is referred outside the firm client connect must be notified of such a referral. All outside referral sources should be advised that Jewish lawyers network client lawyer connect program is the original source of contact.
3. Paragraph 2 shall not restrict a Panel Member who is a member of or associated with a firm
from (i) accepting a matter from the Service, and entering into a retainer for the matter, in the
name of the firm, (ii) having the matter or aspects thereof handled by other attorneys in the firm,
provided that the Panel Member retains responsibility and control for the matter, or (iii) in the event
the Panel Member leaves the firm, from leaving responsibility and control for the matter with the
firm, provided that the Panel Member or firm promptly notifies the Service by letter or email
that the Panel Member has left the firm and left the matter with the firm.
Paragraph above shall not restrict a Member from engaging another attorney to
handle limited aspects of a matter, provided that such engagement is in the best interest
of the client and the Panel Member obtains the clients consent thereto, retains
responsibility and control therefor and complies with the applicable rules relating to
professional responsibility with respect thereto.
Notwithstanding paragraphs above, if a Member
reasonably determines that the client would be best served by another
attorney, the Member shall notify the JALA and request another
another appropriate Member or, if the circumstances so require, may directly refer the matter
to another attorney .
Client Complaints about Members
Any complaint or inquiry made by a person to the Service or to the JALA or any
member thereof, shall be deemed to be a privileged communication as if contained in a pleading
filed in a court . No Member shall commence or threaten to
commence any libel, slander, interference with contractual relations or similar action based upon
a complaint or inquiry made to the Service.
Suspension, Withdrawal and/or Removal of Members or other action affecting
the status of members during the membership year
Membership may be summarily suspended by the Service as a result of a
Member's failure to comply with any of the following administrative requirements:
Accurate record-keeping as to all matters regarding the Service;
Prompt and timely payment of fees due to the JALA;
Prompt
and timely submission of proof of current professional liability
insurance or affidavit of personal financial responsibility.
A Member who is suspended from the Bar shall automatically be suspended
A Member who is disbarred shall automatically be terminated from
Membership. Membership may be suspended or terminated by the Service if the
Member:
A.
Violates the Code of Professional Responsibility, or Rules of the Appellate Division,
First and Second Departments;
B.
Is convicted of any misdemeanor or felony in any jurisdiction;
C.
Fails to comply with any of the Rules including, but not limited to the following:
1.
charging consultation fees to Service clients in excess of those allowed
by the Rules;
2.
failing to comply with the Rules regarding the resolution of fee disputes
or to comply with the Rules regarding review and audit of business
records;
3.
failing to maintain professional liability insurance or financial solvency in accordance with
the Rules .
D.
Engages in conduct harmful or injurious to the goals, reputation or interests of the
Service, including:
1.
giving clients the impression that persons from the Service are
entitled to less consideration than other clients;
2.
excessive refusal to meet with clients from the Service;
3.
failing to inform the Service when the panel member will be unable to
accept or return phone calls from new referral clients;
4.
rudeness to clients or to Service staff;
5.
repeated fee disputes with clients;
6.
impeding the Service's investigation of a client complaint, including but
not limited to: threatening to sue a referred client or take other
aggressive action against the client to prevent the client from informing
the Service of a complaint; and
7.
offering the client an inducement to withdraw a complaint .
The Director or his/her designee shall review: [1] each complaint concerning the
professional conduct of Panel Members and [2] any other report or
notification relating to a Panel Member's fitness. The Executive
Director, or his or her designee, shall make whatever investigation he or she deems to be reasonable
and report to the Chair of the Joint Committee concerning the complaint and its resolution where
appropriate. The Executive Director may determine, in his or her sole discretion, that a complaint
or other notification warrants immediate suspension.
The Executive Director shall notify the Chair of the Joint Committee where the Executive
Director determines, as a result of his or her investigation, that further action by the Joint
Committee with respect to suspension or removal of a Panel Member is necessary. If warranted,
the Chair of the Joint Committee shall appoint a subcommittee to investigate the complaint. The
subcommittee shall conduct whatever interviews it deems appropriate. Panel Members against
whom complaints are pending shall be notified of the complaint and given an opportunity to
respond. Upon the completion of its review, the subcommittee may recommend to the Joint
Committee that the complaint requires no action or recommend that the Panel Member be
suspended or terminated .
After the investigative subcommittee has presented its final report and recommendations
to the JA , and before the JA renders its final action, the Panel Member
who is the subject of the investigation shall be accorded the opportunity to address the Joint
Committee with respect to any matter relevant to the investigation or the appropriate resolution
thereof. The Panel Member may be accompanied by counsel at this appearance.
At any time after the JA renders a final action in connection with the
resolution of an investigation of a Panel Member, the Chair of the JA in the exercise
of its discretion, is authorized to place before the JA a motion to amend the action
previously announced. The JA is empowered to alter in any manner the action
previously rendered or to adhere to its original determination.
The JA shall consider the recommendations and, upon its
final determination, shall advise the Panel Member in writing of its decision.
Upon resignation, withdrawal or removal from the Service, a Panel member is required
to notify all clients of the Panel Members disassociation from the Service within sixty (60)
days of said separation from the Service. The Service reserves the right to make such notification
to referral clients upon failure of a Panel Member to do so in a timely fashion.
Any Panel Member who withdraws or is removed from panel membership shall remain
bound by the terms of these rules with respect to all clients referred to them by the
Service.
Any Member who has been removed from the Service, or has withdrawn from the
Service during the time a complaint was pending against the Member, may not reapply for
membership on any panel of the Service for a period of thirty-six (36) months following the removal
or withdrawal of the Member.
In exercising his or her discretion, the JA Executive Director may consider any factors he or she deems
relevant .
All panel members shall give notice to JA within thirty (30) days if they have been
cautioned, admonished, reprimanded, or disciplined by any disciplinary or grievance committee,
agency or court; whether they are currently under investigation concerning any allegation or
professional misconduct or wrongdoing; and whether they are a defendant in any lawsuit filed by
a client or former client other than as previously explained in their Application for Panel
Membership or a prior Application for Renewal of Panel Membership.
A panel member should list a backup attorney on his/her application and must submit
a written statement to confirm that the back up attorney is aware of such obligation.
