I. POLICY. It is the policy of the Kentucky Lawyer Referral Service (“KLRS”) to provide a comprehensive, efficient, and practical referral system for legal services. The KLRS shall be supervised by the Board of Directors of the Louisville Bar Association with advice and consultation from the KLRS Committee.
II. PURPOSE. The KLRS is a not-for-profit lawyer referral service operated by the Louisville Bar Association, Inc. whose purpose is to make legal services more accessible to the public consistent with Supreme Court Rule 3.130(7.20) and the Commentary thereto. The KLRS accomplishes this purpose by providing the public with referrals to members of the Bar consistent with relevant circumstances, such as the type and complexity of the legal problem presented by a client, his or her spoken language, geographic convenience, and ability to pay for desired services. The KLRS uses all revenues to offset its operational costs and fund other programs sponsored by the Louisville Bar Association consistent with its not-for-profit purposes and objectives.
III. DEFINITIONS. The following definitions shall apply to both these Rules and the Attorney Certification:
Attorney Certification shall mean the Attorney Certification form signed by each Panel Member and submitted annually to the KLRS as a condition of admission and participation.
Attorney Fee shall mean the total amount of attorney fees generated or otherwise earned with respect to a Referred Matter and/or Derivative Matter.
Derivative Client shall mean any individual(s) and/or entity (ies) represented by a Panel Member in a Derivative Matter.
Derivative Matter shall mean any case, cause of action, controversy, dispute, or matter involving a Derivative Client which arises out of the same operative facts or transactions as a Referred Matter.
LBA shall mean the Louisville Bar Association, Inc.
Low Fee Referral shall mean any Referred Matter or Derivative Matter that falls within the guidelines stated in Article XI below.
KLRS shall mean the Kentucky Lawyer Referral Service.
Panel Member shall mean an attorney admitted to one or more KLRS panels.
Primary Coverage Area shall mean Breckinridge, Bullitt, Hardin, Jefferson, Larue, Meade, Nelson, Oldham, Shelby and Spencer counties in Kentucky, and Clark, Floyd, Harrison, Scott and Washington counties in Indiana.
Referral Fee shall mean the referral fee owed by, and due from, a Panel Member to the KLRS as described and calculated in Section IV(C) below.
Referred Client shall mean an individual(s) and/or entity (ies) referred to a Panel Member by the KLRS.
Referred Matter shall mean any case, cause of action, controversy, dispute or matter involving a Referred Client that has been assigned by the KLRS to a Panel Member.
IV. MEMBERSHIP RULES
A. Eligibility. Members of the KLRS shall meet the following requirements:
1. Be a member in good standing of either the Kentucky Bar Association (“KBA”) or the Indiana Bar Association (if applicable).
2. Shall not have been involuntarily removed from a lawyer referral service.
3. Shall not be the subject of disciplinary proceedings before the KBA (or the Indiana Bar Association if applicable) nor have any pending criminal charges without satisfactory explanation to the KLRS Committee (as may be reviewed by the LBA).
4. Shall provide an initial free consultation to a Referred Client for up to 30 minutes.
5. Shall continuously maintain malpractice insurance coverage with a minimum of $100,000.00/$300,000.00 liability limits, and provide proof of such coverage to the KLRS.
6. Personally certify competency in all areas of law in which the panel member has applied for participation. In order to maintain panel membership, each Panel Member is encouraged to attend CLE training related to any panels in which they are admitted and provide the KLRS with an annual report showing the CLE programs attended if requested by KLRS.
7. Abide by all rules adopted by the KLRS (as may be amended from time to time)and, by participation in the KLRS, acknowledge such Panel Member’s agreement to indemnify and hold harmless the KLRS, the LBA and the Kentucky Bar Association, their respective officers, agents, members and employees, from any and all claims, expenses, reasonable attorney fees and costs incurred, liability or loss arising from or incurred through any negligence or intentional misconduct of the Panel Member which causes damage, real or alleged, to a Referred Client, Derivative Client or other third-party.
8. Panel members are required to treat each Referred Client or Derivative Client with respect and manage any Referred Matters or Derivative Matters in a timely and professional manner.
B. Annual Membership Fee. Each Panel Member located in the Primary Coverage Area is required to pay an annual enrollment fee. Panel Members outside the Primary Coverage Area are not charged an enrollment fee for the first year of membership. Membership includes two (2) separate panels. The annual membership fee for each additional panel shall be $30.00.
C. Fees. In addition to the Annual Membership Fee, all Panel Members shall make an additional payment to the KLRS equal to Fifteen Percent (15%) of all Attorney Fees earned, derived, or otherwise received from (directly or indirectly) any Referred Matter or Derivative Matter for which the amount of such Attorney Fees is $200.00 or more. No payment is due the KLRS if total Attorney Fees are less than $200.00.
V. WITHDRAWAL FROM MEMBERSHIP.
Panel Members may withdraw from participation in the KLRS at any time by written notice to the KLRS by certified mail. However, any withdrawing Panel Member shall not thereby be relieved of the duty to dispose of, in accordance with the Kentucky Supreme Court Rules, any pending Referred Matter or Derivative Matter. The Referral Fee shall remain payable to the KLRS with respect to any Referred Matter or Derivative Matter pending at the time of withdrawal.
VI. DENIAL, REMOVAL AND SUSPENSION.
The KLRS Committee (“Committee”) may deny panel membership, and remove or suspend a Panel Member at any time for good cause, including, but not limited to the following:
A. Indictment on, or conviction of, a criminal charge involving moral turpitude, theft, embezzlement, or fraudulent appropriation of property;
B. Violation of the Kentucky Supreme Court Rules or these KLRS Rules;
C. Suspension, disbarment or resignation from the practice of law;
D. Failure to maintain legal malpractice insurance coverage at the required minimum liability level;
E. Falsification of any reports, certifications, or other data provided to the KLRS;
F. Failure to remit to the KLRS the Attorney Fees required by these Rules; and
G. Notification by the KBA of ineligibility of the Panel Member.
Any decision by the Committee with respect to the denial, removal or suspension of a Panel Member (subject to review by the LBA) shall be final, and Panel Members waive any right to challenge such decision.
VII. PANEL OPERATIONS.
A. The KLRS is operated from the Louisville Bar Center, 600 West Main Street, Louisville, Kentucky 40202. Persons seeking legal services may contact the KLRS by telephone, in person, or other means.
B. Referrals to Panel Members in particular areas of the law are made in rotation. Referred Matters are then processed to the county of jurisdiction, or the county closest to the Referred Client’s home or business and the Referred Client’s wishes.
C. When a caller is referred to a Panel Member, the Panel Member’s name will automatically move to the bottom of the rotation in that particular panel.The Panel Member will remain in the same rotational order for all other panel enrollments.
D. No Panel Member shall accept referrals in those areas of law in which they have not been admitted as a Panel Member. Should any Referred Matter or Derivative Matter give rise to a conflict of interest, or the Panel Member chooses not to represent the Referred Client or Derivative for any reason, the Panel Member shall refer the Referred Client and/or Derivative Client back to the KLRS in writing.
E. The Panel Member shall provide a copy of any written fee agreement with the Referred Client and any Derivative Client, which shall identify the Referral Fee obligation to the KLRS. The Panel Member shall provide a copy of the executed fee agreement to the KLRS within five (5) business days of its execution. At the conclusion of each Referred Matter, the Panel Member shall provide to the KLRS a true and correct copy of all settlement statements or other evidence of the resolution of all attorneys fees earned.
F. Minimum Requirements for Acceptance in a Particular Panel: In order to be accepted as a member of the Kentucky Lawyer Referral Service, you must also have qualifying experience concerning the particular type of matter the referral involves. This means you must make a good faith determination that you have tha appropriate combination of experience, access to resources and time and must meet the following minimum experience requirements that will enable you to represent the client effectively.
Please scroll through the following list of law panels to find those which you, as a practicing attorney, have experience in and want to accept referrals for. To represent a specific panel, you must certify in good faith that your experience fulfills the requirements listed under each.
1. BUSINESS LAW
Within the last two years, I have experience in (check all that apply):
A. Formation of a Business entity – formed three entities.
B. Sale of a Business –met the requirements in the above sub panel and participated in the sale of two businesses.
C. Business/Commercial Issues – practiced three matters.
2. COLLECTIONS
Within the last two years, I have prosecuted or defended ten collection actions for any of the sub panels below: (check all that apply):
A. Commercial/Creditor
B. Commercial/Debtor
C. Personal/Creditor
D. Personal/Debtor
E. Foreclosure/Mortgage Modification
3. CONSUMER LAW
Within the last two years, I have prosecuted or defended six civil law actions and have attended 2 hours of Continuing Legal Education which relate to Consumer Law (check all that apply):
A. Consumer Fraud
B. Automobile Complaints
C. Utility Complaints
D. Consumer Warranties
E. Home Improvements
F. Credit Reports
4. COPYRIGHTS/TRADEMARKS
Within the last two years, I have filed and completed, through issuance, five trademarks or copyright matters (check all that apply):
A. Trademarks/Servicemarks
B. Copyrights
5.CRIMINAL LAW
Within the last two years, I have experience in (check all that apply):
A. Misdemeanor/Traffic – prosecuting or defending ten misdemeanor and ten traffic cases to completion.
B. Felony – meeting the requirements of the Criminal Sub-panel A or defending five felony cases at the Circuit court level to completion or one jury trial to verdict.
C. Appeals – meeting the requirements of the Criminal Sub-panel B and appealing either a misdemeanor or a felony case to completion.
6. DISABILITY
Within the last two years, I have experience in (check all that apply).
A. Guardianship/Conservatorship – prosecuting or defending a case to completion.
B. Civil Commitments – prosecuting or defending a case to completion.
7.DOMESTIC RELATIONS
Within the last two years, I have experience in (check all that apply):
A. Divorce – representing five individuals to Final Decree.
B. Contested custody – representing individuals in two cases to Final Order.
C. Adoption – representing an individual to Final Judgement.
E. Paternity – have prosecuted or defended two cases.
G. Child Support – representing five individuals through entry of a temporary or permanent order.
J. Termination of Parental Rights – prosecuting or defending a case to Final Order.
K. Domestic Violence – represented an individual in a hearing for an Emergency Protective Order.
8. ELDER LAW
Within the last two years, I have experience in (check all that apply):
A.Public Benefits – (SSI, Medicare, Medicaid and food stamps) – counseling five individuals or representing two individuals at an administrative hearing or accumulated four hours of seminars on the topics.
B.Legal/Mental Capacity – counseling three individuals on the requisite legal capacity for various activities.
C.Health and Personal Care Planning – counseling or preparing legal documents for five individuals relating to health care decisions, insurance and nursing homes.
9. IMMIGRATION AND NATURALIZATION
Within the last two years, I have experience in (check all that apply):
A. Permanent Resident Application – representing three individuals.
B. Naturalization Petition – representing three individuals.
C. Immigrant and Non-Immigrant Visa Petitions – representing one family-based immigrant, one employment-based immigrant and two non-immigrants.
10. INDIVIDUAL RIGHTS
Within the last two years, I have (check all that apply):
A. Police or jail misconduct – practiced or litigated two cases, including one federal court case to completion.
B. Employment Discrimination – practiced or litigated two cases, including one federal court case, to completion.
C. Disability Rights – practiced or litigated two cases, including one federal court case, to completion.
D.Education/Special Education – practiced or litigated two cases, including one federal court case, to completion.
E.Other Constitutional Law – practiced or litigated to completion two cases involving similar issues.
11. INSOLVENCY LAW
Within the last two years, I have experience in (check all that apply):
A. Chapter 7 Business or Personal Bankruptcy – handling two Chapter 7 bankruptcies to completion.
B. Chapter 11 Reorganization or Confirmation of a Plan – meeting the requirements of the Insolvency sub-panel A and handling two chapter 11 bankruptcies to completion.
C. Chapter 13 Adjustment of Debts of Individual with Regular Income – meeting the requirements of the Insolvency Sub-panel A and handling two Chapter 13 bankruptcies to completion.
D. Chapter 12 Adjustment of Debts of a Family Farmer with Regular Annual Income – meeting the requirements of the Insolvency Sub-panel A and handling two Chapter 12 bankruptcies to completion.
12. INSURANCE
Within the last two years, I have experience in practicing three claims (check all that apply):
A. Automobile
B. Home
C. Major Medical/hospitalization
D. Agents, Companies and Coverage
E. Life
F. Disability
G.Patient Rights
13. JUVENILE LAW
Within the last two years, I have experience in prosecuting or defending five cases (check all that apply):
A. Delinquency
B. Dependency
14. LABOR LAW
Within the last two years, I have experience in (check all that apply):
A. Wage and Hour – representing a person or business in a civil action under KRS 337 or attending a half-day seminar on handling wage and hour cases.
B. Unemployment; representing a person or business in an unemployment hearing before a claims referee or in an appeal of an unemployment case at the full commission level in a judicial review proceeding or attending a half-day seminar on unemployment cases and participating in one unemployment hearing.
C. Discrimination – representing a person or business in a proceeding before the Kentucky Commission on Human Rights or EEOC or had one trial in state or federal court to verdict or attending a full-day seminar on handling discrimination cases and one trial in state or federal court to verdict.
D. Wrongful Termination; handled one jury trial to verdict or two non-jury trials to verdict.
Labor Law (DOL referrals only)
E. FLSA- Within the past two years handled one [FLSA] matter in a jury trial to verdict or two FLSA actions to final settlement or final arbitration.
F. FMLA- Within the past two years handled one [FMLA] matter in jury trial to verdict or two FMLA actions to final settlement or final arbitration
15. MILITARY LAW
Within the last two years, I have experience in (check all that apply):
A. Court Martial – Practicing in three general or special court-martials, three administrative discharge proceedings, three non-judicial punishment proceedings under Article 15 of the Uniform Code of Military Justice or three cases of any nature for or against a military service.
B.Administrative – Practicing as a judge advocate in any military service, completion of a military service entry level judge advocate course, or prior certification as competent trial or defense counsel by either of the Judge Advocate Generals.
C.Veterans Administration – Practicing in one dispute concerning the Veterans Re-Employment Rights Act, the Soldiers’ and Sailors’ Civil Relief Act or Physical Evaluation Board for a military disability rating.
16. PATENT
A Panel member must be licensed to practice before the U. S. Patent and Trademarks Office.
17. REAL ESTATE
Within the last two years, I have experience in (check all that apply):
A. Buying and Selling – practicing in three matters involving the purchase or sale of real property.
B. Landlord/Tenant; practicing in three matters involving the rental of real property.
C. Zoning; practicing in three matters involving the zoning of real property.
D. Condominiums – practicing in a matter involving condominiums.
E. Subdivisions – practicing in a matter involving the subdivision of real property.
F. Construction Contracts – practicing in three matters involving construction contracts.
G. Mining – practicing in three matters involving mineral rights, mining, oil or gas.
H. Lien Enforcement – practicing in three matters involving lien enforcement.
L. Boundary Disputes – practicing in three matters involving boundary disputes.
18. RETIREMENT BENEFITS/PENSION
Within the last two years, I have experience in (check all that apply):
A. ERISA – practicing in three matters involving the administration of, contribution to or the determination of benefits under an employee benefit plan which is subject to the Employee Retirement Income Security Act of 1974 (ERISA), as amended.
B. COBRA – practicing in one matter involving a continuation of health benefits pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1995 (COBRA).
C. IRA – practicing in three matters involving any type of plan providing retirement or pension benefits, including an Individual Retirement Account (IRA), a 401(k) plan, a Simplified Employee Pension Plan (SEP) or a Keogh Plan.
19. SOCIAL SECURITY
Within the past two years, I have experience in (check all that apply):
A. Disability – appealing three claims to the ALJ.
B. Survivors – appealing three claims to the ALJ.
C. Retirement – appealing three claims to the ALJ.
D. SSI – appealing three claims to the ALJ.
20. TAX
Within the past two years, I have experience in (check all that apply):
A. Individual/Joint Tax Returns – preparing at least three state and three federal income tax returns.
B. Partnership Tax Returns – preparing at least three state and three federal tax returns.
C. Corporate Tax Returns – preparing at least three state and three federal tax returns.
D. Fiduciary Tax Returns – preparing at least three returns.
E. Gift Tax Returns – preparing at least three returns.
F. Tax Disputes – representing at least three taxpayers in a federal or state tax audit, representing at least two taxpayers in a negotiated settlement of litigating a case before the Board of Tax appeals in KY, Federal Tax Court or the Indiana Department of Revenue.
G. Tax Advice (personal) – a working knowledge of the Internal Revenue Code/Regulations and relevant state and local tax codes.
H. Tax Advice (business) – a working knowledge of the Internal Revenue Code/Regulations and relevant state and local tax codes.
I. Estate and Inheritance Returns – preparing at least three returns.
J. State and Local Tax matters – working knowledge of state and local tax laws.
21. TORTS
Within the last two years, I have experience in practicing two cases (check all that apply):
A. Automobile Accidents
B. Premises Liability
C. Personal Injury
22. PROFESSIONAL NEGLIGENCE/PRODUCT LIABILITY
Within the last five years, I have experience in practicing three cases as lead counsel (check all that apply):
A. Medical Malpractice
B. Legal Malpractice
C. Product Liability
23. WILLS & ESTATES
Within the last two years, I have experience in (check all that apply):
A. Probate – practicing three cases.
B. Will Drafting – preparing five wills.
C. Guardian Estate – practicing three cases.
D. Trust – preparing three inter vivos trusts.
E. Power of Attorney & Living Wills – preparing five of these documents.
F. Estate Planning – meeting the above requirements for sub-panels A-F.
24. WORKER'S COMPENSATION
Within the last two years, I have settled five claims, litigated two claims before an Administrative Law Judge or appealed one claim to the Worker’s Compensation Board.
A. State Worker’s Compensation
B. Federal Worker’s Compensation
C. Black Lung
VIII. CO-COUNSEL ARRANGEMENTS.
A. Panel Members shall maintain primary supervisory responsibility and control of each Referred Matter or Derivative Matter, and shall not assign or transfer such responsibility or control without the prior written consent of the KLRS. However, the foregoing shall not prevent a Panel Member who is associated with a firm from having portions of a Referred Matter or Derivative Matter handled by another attorney in such firm under the Panel Member’s supervision, provided the Panel Member retains responsibility.
B. Panel Members shall not assign or transfer a Referred Matter or Derivative Matter.
C. Panel Members shall inform the KLRS in writing in the event an attorney outside the Panel Member’s firm is engaged to perform all, or a portion, of the legal services on a Referred Matter or Derivative Matter. The Panel Member and attorney acting as co-counsel shall enter into a written fee agreement which: (i) acknowledges the Referral Fee obligation to the KLRS; (ii) identifies the KLRS as a third-party beneficiary and (iii) jointly and severally obligates both the Panel Member and co-counsel attorney for payment of the Referral Fee. The Panel Member shall disclose the Referral Fee obligation in writing to the Referred Client and any Derivative Client, and shall ensure the Referred Client and any Derivative Client consent in writing to the terms of any co-counsel representation arrangements. The Panel Member shall provide a copy of the executed fee agreement to the KLRS within five (5) business days of its execution.
IX. REPORT OF REFERRALS.
The KLRS issues two (2) types of reports listing clients referred to a Panel Member:
A. A daily Client Referral Form is issued with respect to each Referred Matter.
B. Quarterly Case Status Reports listing all Referred Matters on which action is still pending. Case Status Reports shall be completed and returned within thirty (30) business days.
X. FEE DISPUTES.
A. In the event of a fee dispute with a Referred Client or Derivative Client, the Panel Member shall advise such Referred Client or Derivative Client to the availability of mediation and/or arbitration, and cooperate in bringing the dispute to a prompt conclusion.
B. In the event of any dispute between the KLRS and a Panel Member regarding a Referral Fee owed pursuant to these Rules, or any other issue arising hereunder, the Panel Member agrees to submit to mediation. In the event mediation is unsuccessful, the KLRS and Panel Member agree to submit to dispute to final and binding arbitration by a panel of three (3) retired judges (federal and/or state) from Jefferson County, Kentucky. The Panel Member further agrees to indemnify the KLRS for all attorney fees and costs (including the cost of arbitration) incurred in any arbitration in the event the KLRS is the prevailing party. The Panel Member shall be suspended from participation in the KLRS pending resolution of the dispute.
XI. LOW FEE REFERRED MATTERS.
Panel Members may also elect to receive Low Fee Referrals which are provided for low-income clients who cannot afford regular attorney fees. Panel Members are required to check the appropriate space denoting that low-fee Referred Matters will be accepted. The low-fee panel fees are limited to 50% of the customary fee for the services required. This fee limitation does not apply to employment where the attorney fee is set or regulated by any court or agency.
XII. AMENDMENTS.
The Committee (subject to approval by the LBA Board of Directors) is empowered and authorized to enact such additional rules, amendments, and adopt such forms and procedures as it deems necessary to provide for the effective operation of the KLRS. Enactments, amendments or adoption of forms shall be effective thirty (30) days after written notice has been published in the LBA Bar Briefs.
