§ RULE VIII OPERATION OF THE PANEL

Codes > Florida Statutes > Rules Regulating > The Florida > RULE VIII

RULE VIII. OPERATION OF THE PANEL

    A. Referrals will be made to members of the panel in rotation in the geographic area requested by the caller.

    B. If the Service ascertains that a person being interviewed is presently represented by a lawyer, no referral will be made until a release is obtained from the client's lawyer.

    C. Panel members will accept referrals for an initial consultation, however, should any referral give rise to a conflict of interest, or the attorney is unable to handle the case, the panel member should refer the client back to The Florida Bar Lawyer Referral Service. Nothing herein will be construed to obligate a panel member to accept employment beyond the initial consultation.

    D. Florida Bar Referral Service panel members are not permitted to refer cases to other attorneys, and by virtue of their acceptance of membership, they acknowledge and agree to abide by this rule. Panel members who engage another attorney(s) to participate in a case with them, shall, to the extent practicable, associate an attorney who is already a member of the Service or who, as part of his/ her participation in the file, agrees to become a member and/or satisfies the requirements of for same. Any association with another attorney shall only be done with the express written consent of the client and written acknowledgment by the client and the associating attorney of their understanding, of the Service participati n in fees to be earned and the amount of the same. In addition, the original panel member must notify the director of the Service with the name, address and phone number of the associating
attorney and shall be provided with a copy of the written consent signed by the associating attorney and the client which also acknowledges the fees to be paid to the Service. The original panel member, notwithstanding the fact that the associating attorney may also be a panel member, continues to be responsible for ensuring that the status of the case and the fees earned are reported and transmitted to the Service as required by the rules. The director is authorized to release the panel member of the responsibilities for reporting and remitting fees as to any referred matter upon a showing of good cause, in writing, as soon as the same is practicable.

    E. If a Service member leaves a firm and leaves the Service cases with the firm after his/her departure, he/she will be responsible for ensuring that the status of all cases is reported to the Service and any fees due the Service are remitted in a timely manner. Former panel members will continue to receive the Outstanding Monthly Report and it will be their responsibility to contact their former firm and ask them to report the status of the cases to the Service and remit any fees due the Service.

    F. A client will not be referred to an attorney outside the county where the client is located, unless the client either requests or agrees to such an arrangement.

    G. It is the responsibility of panel members to notify the Service if there is a period of time of one week or more in which the attorney will be unavailable for referrals because of vacations, trials or other reasons.