July 2007

LRIS COLUMN

LAWYER REFERRAL AND INFORMATION SERVICE REDUCED FEE PANEL

BY NATRICIA C. TRICANO, ESQ.

“Lawyers [are] operators of the toll bridge across which anyone in search of justice has to pass.”¹ At times, there must be operators who will aid in this search for justice by helping those who cannot pay the toll across the bridge.  Without the professional services of an attorney, those without the means to retain representation may be denied access to justice.  It is every attorney’s responsibility to utilize their abilities to ensure that justice is accessible to all. 

The State Bar of Nevada has acknowledged that many individuals do not have the means to pay an attorney for legal assistance.  According to the U.S. Census Bureau 2006 population estimate, there are approximately 2.5 million Nevada residents, of which 11.1% may be living below the poverty line.²  That is approximately 278,000 people who may be without the wherewithal to retain representation.  For these residents, there are county pro bono services that have answered the call of duty; however, many more Nevadans are living just above the poverty line, but exceed the maximum income qualifications to obtain services through these pro bono programs.  Where do these residents go if they have a consumer issue that needs to be resolved?  Or if they need help with family issues or need to file bankruptcy?  The State Bar of Nevada has created a program called the “Lawyer Referral Information Service (LRIS) Reduced Fee Panel” to give those with an income above the federal poverty guidelines and above the pro bono maximum income qualifications the opportunity to qualify for legal services at a reduced fee. 

This LRIS panel allows individuals access to legal services at a reduced fee.  The program has just widened accessibility of the reduced fee legal services for those individuals whose gross income is less than 300% of the federal poverty guidelines.  A family of four with less than $40,800 annually or a single person who earns $30,360 annually will qualify for legal services at a reduced fee under this program.

The Reduced Fee Panel is a win-win situation for both attorneys and those individuals who do not qualify for pro bono services, but who still need legal help.  Through the Reduced Fee Panel, attorneys can reach their aspiration goals recommended by the State Bar of Nevada, and those qualified Nevada residents can access legal services at affordable rates.

Under the Nevada Rules of Professional Conduct (NRPC), Rule 6.1 allows an alternative to every lawyer’s aspired goal of providing at least 20 hours of pro bono legal services.  This alternative is captured within NRPC, Rule 6.1(3), which allows attorneys to give back to the community via an alternative to pro bono by “[p]roviding at least 60 hours of professional services per year at a substantially reduced fee to persons of limited means…”  With the purpose of satisfying this requirement in mind, the State Bar of Nevada has formulated the LRIS Reduced Fee Panel, which allows attorneys to perform community service without forfeiting their entire fee.

With Nevada’s population rapidly rising - bar membership is just above 10,000 - there are about 250 individuals per attorney.  Although every individual in Nevada may not have the need for the professional services of an attorney, the need is still great; greater yet is the need of those in the legal community to give back to those who cannot afford the tolls of justice.  As previously stated, the Reduced Fee Panel helps qualified Nevada residents, because it gives them access to qualified and competent attorneys who can handle their needs.  Furthermore, these services are provided at affordable rates without sacrificing quality representation.  These individuals are granted access to service which may not have been previously available.

So, are you ready to sign up?  Participating is simple.  You will need to submit an application; include your curriculum vitae or resume and a copy of the declaration page of your E&O insurance, and your office will begin receiving referrals.  If you sign up for the reduced fee panel, the normal $50 annual membership fee will be waived.  Once you begin to take on cases, your clients may only be charged a reduced fee for your professional services.  The initial consultation fee is limited to $25 and the maximum hourly billing rate is $75. 

The areas included in the Reduced Fee Panel include consumer law, family law and bankruptcy.  If you have practiced in these areas and want to do your part to open up access to justice, become a member of the Reduced Fee Panel; please contact Lynn Etkins, Esq. at (702) 382-2200 ext. 404, 800-254-2797 or via e-mail at LynnE@nvbar.org.

FOOTNOTES

1 Quote by Jane Bryant Quinn.

2 Information from US Census Bureau’s 2004 statistics.