APPLICATION FOR MEMBERSHIP
HOUSTON LAWYER REFERRAL SERVICE

The Houston Lawyer Referral Service, Inc. (HLRS) is a non-profit corporation sponsored by Houston Bar Association, Houston Young Lawyers Association, Asian-American Lawyers Association, Association of Women Attorneys, Hispanic Bar Association, Houston Lawyers Association, Houston Trial Lawyers Association, Mexican American Bar Association of Houston, North Harris County Bar Association and Pasadena Bar Association. Membership may be sought by any attorney in the greater Houston metropolitan area who is admitted to practice in the state of Texas and who is in good standing with the State Bar of Texas and agrees to abide by the Rules of Membership of the Houston Lawyer Referral Service. Attorneys should recognize that the purpose of HLRS is to assist the general public in obtaining access to legal advice and counsel and to provide information about legal services available. HLRS is a COMMUNITY SERVICE PROJECT OF THE LEGAL PROFESSION and exists for the benefit of the public, not the benefit of the attorneys.

RULES OF MEMBERSHIP

In consideration for membership in the Houston Lawyer Referral Service, the applicant understands and/or agrees to:

1. Engage in the full-time private practice of law unless prior approval is obtained by HLRS Board of Trustees;
   
   
2. Maintain a business office within the HLRS service area in which to receive clients that is not attached to or connected with any residence, exceptions will be subject to Board approval;
   
   
3. Maintain in force and effect professional liability insurance in the minimum amount of $100,000.00/$300,000.00, furnish HLRS with a copy of the declarations page of said policy upon request, and notify HLRS of cancellation or termination within fifteen (15) days;
   
   
4. Authorize the insurance carrier of said professional liability insurance to supply HLRS with any information concerning the policy which it may request, including notification of cancellation or renewal;
   
   
5. Send to HLRS within fifteen (15) days of effective date, in writing, changes in address or telephone number, vacations from the office exceeding five days, changes in categories of law in which the member would like to receive referrals, upon notification of pending grievances and change in insurance coverage;
   
   
6. Disclose any past discipline imposed, any pending suit(s) for legal malpractice or other private civil action alleging attorney misconduct, any pending inquiries or complaints, any pending grievance matters submitted to an evidentiary panel, a disciplinary law suit, a criminal indictment or criminal information, or any criminal conviction, except Class C Misdemeanors or crimes involving a maximum punishment of fine only. Applicants are required to disclose any current and/or disputes, suspensions, and/or terminations from any lawyer referral program. Failure to disclose this information constitutes grounds for rejection or termination. After acceptance as a member of HLRS, attorneys must inform HLRS within fifteen (15) working days, of notice of any grievance or pending litigation which could result in a reprimand, suspension or probation thereof, or disbarment by the State Bar of Texas or any other licensing agent;
   
   
7. Acquire an understanding of the systems and procedures of HLRS by means of a personal interview with the Executive Director of HLRS prior to participation as a member;
   
   
8. Diligently strive to return all phone calls within twenty-four (24) hours of the client's call or, if personally unable, have someone from the members office do so;
   
   
9. Cooperate with HLRS in regards to client surveys which ask HLRS clients specific questions to determine satisfaction with the service provided by HLRS staff and attorney members;
   
   
10. Charge each client referred by HLRS and interviewed by a panel member an initial fee of $20 for the initial 30-minute consultation, unless law prohibits such fee or waived by HLRS. The initial fee shall be charged by the panel member who shall promptly (within 30 days after receipt) remit $15 to HLRS, unless waived by HLRS. The initial fee shall include an initial legal consultation between the client and the panel member of at least one-half hour unless terminated earlier by client. Chapter 952 of the State of Texas Occupations Code states that a panel member may not charge more than $20 for the initial thirty (30) minutes of consultation, and that an attorney's bill to a potential client referred by HLRS may not exceed the total cost including legal fees and expenses that the client would be required to pay if HLRS had not referred the client;
    
    
11. Contribute fees, as described below, to HLRS when, as a result of a referral, an attorney has conducted an in-office consultation and/or has been retained, hired for additional services or otherwise receives a fee. Fees are paid based upon the following schedule:
    
1. Initial consultation only or total attorney(s) fee(s) of less than $250.00 - remit only $15.00 consultation fee to HLRS, or;
2. If a referral generates a total legal/attorney(s) fee(s) between $250.00 - $499.00 (except bankruptcy cases - remit a total of $25.00 and Reduced Fee/Modest Means cases - remit no percentage fees) - remit the initial $15.00 consultation fee plus an additional $10.00, or;
3. If a referral generates a total legal/attorney(s) fee(s) of $500.00 or more (except bankruptcy cases - remit a total of $25.00 and Reduced Fee/Modest Means cases - remit no percentage fees) - remit the initial $15.00 consultation fee plus an additional 15% of the total attorney(s) fee(s).
   
   
The term "attorney(s)" refers to any HLRS panel member as well as any other attorney who represents an HLRS referred client, even if inappropriately referred to a non-panel attorney. The term "attorney(s) fee(s)" refers to any sum received by any HLRS panel member as well as any other attorney who represents an HLRS referred client, even if inappropriately referred to a non-panel attorney. A panel member shall pay HLRS 15% of the total legal/attorney(s) fee(s) received by any/all attorney(s) involved. A panel member is required to pay the fees owed within six (6) months of receipt of payment for services. If a panel member fails to pay fees owed HLRS within the six (6) month period, the panel member shall be required to pay HLRS an additional 10% of the total fees plus all attorneys fees and expenses incurred by HLRS, in an effort to collect the outstanding sums owed to HLRS. Failure to pay fees may result in a collections action taken by HLRS;


12. Enter into a written fee agreement for all matters in which clients are charged fees in addition to the initial 30-minute consultation fee. Notify the client at the outset of representation that a portion of the fees is payable to HLRS; and it is entitled (a) to know the outcome of any legal representation, (b) the attorney's fees received, and (c) to audit the file to determine if it has received the appropriate amounts. Upon the settlement of any such action, the attorney shall be obligated to include HLRS with those who have a right to know about a settlement, to the extent necessary to allow HLRS to have knowledge of the terms of the settlement, including all attorney(s) fees paid in the case, whether paid directly by another party, or by settlement proceeds, so that HLRS may determine the portion of the attorney's fees to which it is entitled;
    
    
13. When HLRS has made a referral to a panel member, the panel member may not recommend or refer another attorney, who is not a member of HLRS, to the client. If a panel member refers the client or matter to another HLRS attorney, it is the responsibility of the referring attorney to provide HLRS with the name(s) of the attorney(s). HLRS prefers that panel members refer a client back to HLRS for another referral. A panel member who transfers, in whole or in part, responsibility of any matter referred by HLRS to a non-panel attorney(s) without permission of HLRS, shall be contractually liable for any fees owed and remain liable for collection and/or payment of any fees owed HLRS. A panel member shall pay HLRS 15% of the total legal/attorney(s) fee(s) received by any/all attorney(s) involved. If a panel member fails to pay the fees owed within six (6) months of receipt of payment for services, the panel member shall be required to pay HLRS an additional 10% of the total fees plus all attorneys fees and expenses incurred by HLRS, in an effort to collect the outstanding sums owed to HLRS;
    
    
14. Inform HLRS of the status of referred clients by returning the reporting slip(s), noting the proper disposition(s), within thirty (30) days of date referred. A panel member shall track all HLRS referrals beyond the initial reporting period and notify HLRS of any change in disposition;
    
    
15. Maintain responsibility and control of each matter referred. Each panel member who is retained to handle a matter referred by HLRS shall maintain responsibility for and control of such matter. A panel member shall not transfer responsibility or control of any matter referred by HLRS without the knowledge and permission of HLRS, unless required by law or court order. Additionally, should the panel member feel it to be in the best interest of the client, he/she may ask another attorney outside the firm to act or to serve as co-counsel on the matter. The panel member shall notify HLRS of any such arrangement and remain responsible for the 15 % fee due HLRS on all attorneys fees unless written approval from HLRS is obtained;
    
    
16. Pay appropriate fees for membership. The HLRS fiscal year is July 1 through June 30. The annual listing fee should be paid according to the schedule below:
1. Member of Sponsoring Bar - $205; After Feb. 1 of current fiscal year - $105; or
2. Member of Non-Sponsoring Bar - $230; After Feb. 1 of current fiscal year - $120.
   
   
An additional $25 fee is required for participation on each Experienced Panel. Additionally, if you have more than one office in the five county area serviced by HLRS, an additional $150 listing fee, per office, must be remitted in order to receive referrals at that geographic location. Eighty dollars ($80) of the original listing fee is earmarked specifically to assist in funding an advertising campaign. Renewing members, fees are due July 1; your membership will continue through the expiration of the HLRS processing period, July 15;


17. Abide by the Rules of Membership for HLRS, understanding that a violation of any HLRS rule(s) may result in suspension or termination from HLRS. If member fails to uphold any rule(s) the member will be notified of the violation(s) and his/her HLRS membership may be removed, without refund of dues. If a member feels that they have been unjustly removed, the member may appeal in writing to the Houston Lawyer Referral Service within 30 days of receiving notification of removal;
    
    
18. Submit any disputes regarding fees with clients referred by HLRS to the Houston Bar Association's Fee Dispute Committee for binding arbitration, if the client so elects;
    
    
19. Allow HLRS or its agents to examine and audit members' financial or accounting records and the legal file with regard to referred clients if a question arises between the member and HLRS with respect to fees owed HLRS. It is understood that the audit may include, but is not limited to, chart of accounts, general ledger-trial balance reports, balance sheet, income statements, invoices, bank deposit records, trust account records, court filing records, calendars, appointment records, time sheets, docket sheets, engagement letters, fee agreements and contracts with HLRS clients. HLRS reserves the right to take all necessary actions, including appropriate collection efforts, to determine and assess whether, and to what extent, a panel member has remitted all fees owed to HLRS;
    
    
20. Indemnify and hold harmless the HLRS and its officers, directors, members and employees from any and all claims, demands, actions, liability or loss which may rise from, or be incurred as a result of any and all referrals of clients, or lack thereof, to the member through HLRS and attribute to allegations or claims of professional malpractice;
    
    
21. Submit any disputes between the member and HLRS to the Dispute Resolution Center of the HBA for binding arbitration pursuant to the terms and provisions of the Federal Arbitration Act. The HLRS shall be entitled to reasonable attorney’s fees and costs at the discretion of the arbitrators(s), but it shall not be liable for any attorney’s fees or costs to the member. Any such disputes will be governed by the laws of the state of Texas;
    
    
22. Understand that no attorney shall be permitted to use the Houston Lawyer Referral name or logo in any advertising medium without prior written consent from the Board of Trustees of the HLRS;
    
    
23. Abide by the Texas Professional Code of Ethics and Texas Disciplinary Rules of Professional Conduct;
    
    
24. Abide by the decisions concerning membership. The Executive Director and the Board of Trustees of the Houston Lawyer Referral Service shall have the authority to review the legal ability and the personal reliability and integrity of each member and to deny initial or continued membership on any panel, to renew or not to renew any panel member's application of membership to limit the participation of any panel member on any panel and/or from general membership, or to remove any panel member from any panel or to remove from or deny initial or continued membership in Houston Lawyer Referral Service for any other reason that the Board of Trustees shall deem appropriate in its sole discretion;
    
    
25. Comply with all federal, state and local laws, rules and regulations pertaining to services that are rendered to the public, including but not limited to, 29 U.S.C. §784 et seq. (Rehabilitation Act), 42 U.S.C. 2000e (Title VII), and 42 U.S.C. §12101-12213 (ADA); and
    
    
26. Understand that HLRS does not assure fee-generating referrals will result from membership on any HLRS panel.

NOTE: PAYMENTS MADE TO HLRS ARE NOT DEDUCTIBLE AS CHARITABLE CONTRIBUTIONS.

HLRS is certified to operate a lawyer referral program as required by the State of Texas under Chapter 952, Occupation Code, certificate number 9305.