Earlier this year, the Sacramento County Bar Association invited the American Bar Association to conduct its Program of Assistance and Review (PAR) for the purpose of improving the Attorney Referral Service (ARS). Seattle attorney Lish Whitson Contra Costa Bar Association Executive Director Lisa Reep visited with committee members and staff of the ARS in April and issued a report with recommendations in June.

The PAR Report recommended a series of changes to enhance the ARS as a public service, to encourage more attorneys to join as panel members and to curtail the financial difficulties the ARS has endured over the last two years. The recommendations that have already been implemented are as follows:

• Changing the name of the ARS to the Lawyer Referral and Information Service (LRIS). The "information" component recognizes that the LRIS provides an important public service beyond connecting people with qualified attorneys. People who call the LRIS may not need an attorney so much as information about where to obtain specific assistance or resources.
• Eliminating the annual pro bono requirement for panel members. Previously, panel members had to perform 12 hours of pro bono service each year. The PAR Report indicated that removing the pro bono requirement would make participation more attractive to prospective panelists. Right now, the number of calls for referrals exceeds the number of panelists who are available for referrals. By increasing the number of attorneys who participate as panelists, the LRIS expects to serve more clients and to avoid referring callers to the yellow pages when it cannot provide a referral to panelists.
• Changing hours for answering telephone calls to capture callers during the noon hour. The PAR Report observed that Daisy Guzman, the intake clerk for the LRIS, took a lunch hour at noon every day. This may have kept working individuals, whose only time to place calls is during the noon hour, from talking with the service. Now Daisy starts her lunch hour at 11:00 a.m., enabling her to receive calls during the noon hour.
• Changing the LRIS recorded message to provide a clear description of what the service is and how it works. The PAR Report strongly recommended that the recording advise callers of the $30.00 pre-paid consultation fee and emphasize that the LRIS is not a pro bono legal service. The reason for this recommendation was to deter callers without the financial means to hire an attorney, which would relieve Daisy of time she had to spend explaining that the LRIS is not a free, pro bono service.
• Purchasing a 1-800 toll free number. This change will likely increase the amount of callers into the LRIS.

Other recommendations are under consideration and will take more time and funds to implement. Those recommendations include increased publicity for the LRIS, targeted recruitment of attorneys in areas of law where there are subject-matter gaps in the LRIS panel, enhanced training and staffing for handling incoming calls to the LRIS and follow up reviews with all LRIS clients to determine their satisfaction with the service and the referral.

Due to budgetary constraints facing the LRIS, it is not possible to advertise through the Yellow Pages or print media. However, the PAR Report recommended using a "blue ribbon" panel to meet with influential SCBA members, local corporations and state and local entities to tout the LRIS, clarify its purpose and encourage referrals. This could be accomplished by using influential members of the SCBA to promote the LRIS and contacts have already been made to put the "blue ribbon" panel together.

The greatest concern addressed by the PAR Report was the misperception that the LRIS is a pro bono organization. The report found that the LRIS received a disproportionate amount of calls from people who cannot hire an attorney and who assume the service provides free legal representation. The SCBA already funds pro bono programs and the LRIS is not one of them.

Although the LRIS provides a valuable public service, its purpose is to help those in need of legal advice to find appropriate representation at fees and costs that are negotiated with the attorney receiving the referral. The PAR Report explained that the "blue ribbon" panel could be used to educate the legal community and the public about the purpose of the LRIS. The report also advised the LRIS to distribute brochures, bookmarks, Rolodex cards and other "print pieces" to inform the public about the LRIS in the Sacramento area.

Another priority for the LRIS should be to training staff and increasing clerical staff to fully address the number and complexity of telephone calls coming into the LRIS. The PAR Report lauded the performance of Daisy, the LRIS intake clerk, but noted the lack of a detailed script for her to refer callers elsewhere when they could not be helped by an attorney. Adding one to two half time intake clerks would allow for more thorough screening of calls, but would increase the number of calls answered. The more calls answered, the more referrals and income generated from percentage fees. Again, budgetary limitations prevent the LRIS from hiring more staff to answer calls, but in the next few months efforts will be made to recruit interns to help answer call on a part-time basis. Script changes and other resources will be made to assist Daisy in providing information to callers who cannot be assisted by an attorney-referral.

The most controversial recommendations in the PAR Report pertained to modifying the fee structure for LRIS-referred cases and eliminating the $30 referral fee for contingency matters. The LRIS Committee determined it would be unwise to change the current fee structure because of the unstable revenues coming into the service from fees.

Overall, the recommendations of the PAR Report were helpful. Fine tuning the operations of the LRIS and increased promotion will draw more callers to contact the service for referrals. Look for more news on positive changes to the LRIS in the near future.

September / October 2004