(a)
An individual, partnership, corporation, association, or any other nongovernmental entity shall not operate for the direct or indirect purpose, in whole or in part, of referring potential clients to attorneys, and no attorney shall accept a referral of such potential clients, unless all of the following requirements are met:
(1)
The service is certified by the State Bar of California and is operated in conformity with minimum standards for a lawyer referral service established by the State Bar and approved by the Supreme Court.
(2)
The combined charges to the potential client by the referral service and the attorney to whom the potential client is referred do not exceed the total cost that the
client would normally pay if no referral service were involved.
(b)
A referral service shall not be owned or operated, in whole or in part, directly or indirectly, by those lawyers to whom, individually or collectively, more than 20 percent of referrals are made. For purposes of this subdivision, a referral service that is owned or operated by a bar association, as defined in the minimum standards, shall be deemed to be owned or operated by its governing committee so long as the governing committee is constituted and functions in the manner prescribed by the minimum standards.
(c)
None of the following is a lawyer referral service:
(1)
A plan of legal insurance as defined in Section 119.6 of the Insurance Code.
(2)
A group or prepaid legal plan, whether
operated by a union, trust, mutual benefit or aid association, public or private corporation, or other entity or person, which meets both of the following conditions:
(A)
It recommends, furnishes, or pays for legal services to its members or beneficiaries.
(B)
It provides telephone advice or personal consultation.
(3)
A program having as its purpose the referral of clients to attorneys for representation on a pro bono basis.
(4)
A nonprofit organization that partners with a referral service as provided in this article.
(d)
The following are in the public interest and do not constitute an unlawful restraint of trade or commerce:
(1)
An agreement between a referral service and a participating attorney to eliminate or restrict the attorney’s fee for an initial office consultation for each potential client or to provide free or reduced fee services.
(2)
Requirements by a referral service that attorneys meet reasonable participation requirements, including experience, education, and training requirements.
(3)
Provisions of the minimum standards as approved by the Supreme Court.
(4)
Requirements that the application and renewal fees for certification as a lawyer referral service be determined, in whole or in part, by a consideration of any combination of the following factors: a referral service’s gross annual revenues, number of panels, number of panel members, amount of fees charged to panel members, or for-profit or nonprofit
status; provided that the application and renewal fees are reasonable and necessary to cover the cost of the program and established by the State Bar through the rulemaking process.
(5)
Requirements that, to increase access to the justice system for all Californians, lawyer referral services establish separate ongoing activities or arrangements that serve persons of limited means.
(6)
Partnerships or agreements between a referral service and a participant’s nonprofit organization to refer potential clients for assistance.
(e)
With the approval of the Supreme Court, the State Bar shall formulate and enforce rules and regulations for carrying out this section, including rules and regulations which do the following:
(1)
Establish minimum standards for lawyer referral services.
(2)
Require that an entity seeking to qualify as a lawyer referral service register with the State Bar and obtain certification from the State Bar.
(3)
Require that the certificate may be obtained, maintained, suspended, or revoked pursuant to procedures set forth in the rules and regulations.
(4)
Require the lawyer referral service
to pay an application and renewal fee for the certificate in such reasonable amounts as may be determined by the State Bar. The State Bar shall adopt rules authorizing the waiver or reduction of the fees upon a demonstration of financial necessity. The State Bar may require that the application and renewal fees for certification as a lawyer referral service be determined, in whole or in part, by a consideration of any combination of the following factors: a referral service’s gross annual revenues, number of panels, number of panel members, amount of fees charged to panel members, or for-profit or nonprofit status.
(5)
Require that, to increase access to the justice system for all Californians, lawyer referral services establish separate ongoing activities or arrangements that serve persons of limited means.
(6)
Require each lawyer who is a member of a certified lawyer referral
service to comply with all applicable professional standards, rules, and regulations, and to possess a policy of errors and omissions insurance in an amount not less than one hundred thousand dollars ($100,000) for each occurrence and three hundred thousand dollars ($300,000) aggregate, per year. By rule, the State Bar may provide for alternative proof of financial responsibility to meet this requirement.
(7)
Establish minimum standards for nonprofit organizations that partner with lawyer referral services.
(f)
Provide that cause for denial of certification or recertification or revocation of certification
of a lawyer referral service shall include, but not be limited to:
(1)
Noncompliance with the statutes or minimum standards governing lawyer referral services as adopted and from time to time amended.
(2)
Sharing common or cross ownership, interests, or operations with any entity which engages in referrals to licensed or unlicensed health care providers.
(3)
Direct or indirect consideration regarding referrals between an owner, operator, or member of a lawyer referral service and any licensed or unlicensed health care provider.
(4)
Advertising on behalf of attorneys in violation of the Rules of Professional Conduct or the Business and Professions Code.
(g)
This section shall not be construed to prohibit attorneys from jointly advertising their services.
(1)
Permissible joint advertising, among other things, satisfies both of the following:
(A)
The advertisement identifies by name the advertising attorneys or law firms whom the consumer of legal services may select and initiate
contact with.
(B)
Each participating attorney or law firm shall have executed a joint advertising agreement with the entity managing the joint advertising agreement with the entity managing the joint advertising services, under which the attorney or law firm expressly takes liability for the content of the advertising.
(2)
Certifiable referral activity involves, among other things, some person or entity other than the consumer and advertising attorney or law firms which, in person, electronically, or otherwise, refers the consumer to an attorney or law firm not identified in the advertising.
(h)
A lawyer referral service certified under this section and operating in full compliance with this section, and in full compliance with the minimum standards and the rules and regulations of the State Bar governing lawyer referral services, shall not be deemed to be in violation of Section 3215 of the Labor Code or Section 750 of the Insurance Code.
(i)
The payment by an attorney or law firm member of a certified referral service of the normal fees of that service shall not be deemed to be in violation
of Section 3215 of the Labor Code or Section 750 of the Insurance Code, provided that the attorney or law firm member is in full compliance with the minimum standards and the rules and regulations of the State Bar governing lawyer referral services.
(j)
Certifications of lawyer referral services issued by the State Bar shall not be transferable.
