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Lawyer Referral
Vol. 8 No. 1	 Winter 2015
•	Note from Chair
Anna K. Christian
•	 Q  A
•	Website Traffic: How
Much Is Enough?
•	Prisoners’ Legal Services
Referrals
•	New LRIS Panel Member:
Clotelle Drakeford
N E W Y O R K S T A T E B A R A S S O C I A T I O N
The Lawyer Referral and Information Service Newsletter
InsideLawyer Referral: Good for
Lawyers, and Good for Clients
By Brandon Vogel
When Donna Chin moved from
New Jersey to Ithaca, New York, she
wanted to change the focus of her law
practice after receiving a master of
laws degree.
So, she joined the New York State
Bar Association. She also joined the
Lawyer Referral and Information
Service (LRIS) panel as a way to build
her nonprofit practice. She was not
disappointed.
“It helped bring me into the local
courts,” said Chin, who concentrates
her practice in appeals, formation of
nonprofits and compliance for busi-
nesses. “It has been a positive expe-
rience. It’s a good way for solo and
small firm lawyers to build a client
base, diversify their practice and do
good. For me, it allowed me to practice
the law that I choose to do now.”
Chin’s experience reflects that of
other solo and small-firm practitioners
who have used the LRIS to expand
their practice and client roster.
Chin is a member of the Commit-
tee on Lawyer Referral Service, which
oversees LRIS operations. “It does good
programs for the public and the public
that need representation,” said Chin.
Public service
“Lawyer Referral services are the
best way for the uninformed consum-
er to access an experienced attorney to
address his or her legal matter,” said
Committee Chair Anna K. Christian of
Albany (Boies, Schiller  Flexner LLP).
Lawyers who are State Bar mem-
bers pay an annual fee of $75 to be
listed on the panel for referrals. Non-
members pay $125 to be listed. If a
panel lawyer is retained by a referred
client, the lawyers pay LRIS 10 percent
of their fee for cases billed at $500 or
more.
Continued on page 4
Follow NYSBA
Lawyer Referral
on Twitter
@FindaLawyerNYS
Lawyer Referral	 Winter 2015
2
Note from the Chair
Picture a middle class American
kitchen back in the 1960’s. On the
center of the kitchen table sits a canary
yellow ceramic bowl filled with a
plain white opaque substance, an
aproned housewife stands by with
spatula in hand. This is what yogurt
looked like in the 1960’s, and back
then, no one thought much about it,
and if you ate yogurt, chances were
that your mother or grandmother
made it at home. Today, we would
be hard pressed to discover a super
market that did not dedicate space to
an entire refrigerated wall of yogurts
of every brand and variety, Greek yo-
gurt wildly popular. What happened?
This image came from a presenta-
tion that speaker G. Shweiri, of Santa
Ana College of Global Business and
Entrepreneurship used to illustrate
a point about product, market, and
innovation, at the ABA Lawyer Refer-
ral Service Workshops held in Long
Beach this October. Marketers un-
derstood that people’s perceptions of
yogurt: being a little bit afraid of it, not
knowing anything about it, required
change, and so set about to trans-
form people’s perceptions. The basic
message became yogurt is not only
delicious, nutritious, and healthy to
eat, but also beneficial, and therefore a
worthwhile expenditure. Mr. Shweiri
posed the question: Why can’t Lawyer
Referral Services become the next big
thing, like yogurt? Imagine common
perceptions such as: I never heard of a
lawyer referral service; why do I need
a lawyer; aren’t lawyers expensive,
transformed into: I cannot imagine
not having my own lawyer to handle
my will, my business incorporation,
my landlord-tenant dispute, and the
first place I go to for the best attorney
for my issue is the NYSBA Lawyer
Referral  Information Service. In-
novative and transformative ideas, as
What is the LRIS membership fee?
LRIS panel members pay an annual
fee of $75 ($125 for non-NYSBA
members).
What is the referral fee if
a client retains my services?
LRIS panel members agree to remit
10% of their entire fee if the fee
is $500 or more.
Do I need to carry malpractice
insurance?
Yes, LRIS panel members are required
to provide proof of malpractice
insurance in the minimum amount
of $100,000.
How much should I be charging
for the initial ½ hour consultation?
The consultation fee is $35.
What if I can’t help a client
that was referred to me?
If you decline a referral for any reason,
you should refer the client back to the
LRIS. A LRIS client can also be seen by
another attorney in your firm but the
referral will be tracked as a referral
to you.
Do I have to have an office
in the County that I want to
receive referrals from?
Yes, attorney members must have
an office in one of our 44* service
counties to be eligible to participate
in our referral panel.
How do I sign up?
Download the LRIS application
at www.nysba.org/joinlr or
call 1.800.342.3661 or email
lr@nysba.org to have an application
mailed to you.
* Go to www.nysba.org/joinlr for a
complete list of service counties.
QAIn an effort to assist you and your
staff with some common inquiries
below are answers to frequently
asked questions.
well as the nuts and bolts of managing
lawyer referral services comprised
the subject matter of the many stellar
workshop sessions at this year’s ABA
Lawyer Referral Service Workshops
in Long Beach. Just ask ‘how to’, then
fill in the blank with ‘tell a compelling
story, get your message onto the web,
network in the community, make the
best use of social media, adapt to and
recognize changes in the marketplace
and the practice of law, manage your
staff, or start a Modest Means Panel
and the ABA Lawyer Referral Work-
shops provide the solutions that we
utilize each day at our Lawyer Refer-
ral  Information Service to make it
the best place for being matched with
the best lawyer for your particular
legal matter.
This past spring and summer, the
Lawyer Referral Service Committee
voted to endorse language to amend
the CPLR Rule § 4503. Attorney to in-
Continued on page 4
Left to right: Anna K. Christian, LRIS
Committee Chair and Jane Nosbisch,
ABA Standing Committee on LRIS
3
Lawyer Referral	 Winter 2015
Website Traffic: How Much Is Enough?
By Ken Matejka, J.D., LL.M
For your website to be a lead gen-
erator, you need a lot of visitors and
inquiries. The amount of traffic you
need in order to get leads depends in
large part on your website and you.
As a point of qualification, there
will be instances where you will need
less traffic to get clients because you
are practicing in an obscure area of
law or in rural community where con-
sumers have fewer choices. Converse-
ly, if you have a general practice in a
large city, you may need more traffic
that is described here. A final con-
sideration is the quality of the traffic
you are getting to your website. One
hundred visitors from Google should
result in more inquiries than 100 visi-
tors from Facebook because people
search for legal help in Google are
likely further into the buying process.
If your website appears dated, is
underdeveloped, is not formatted for
mobile devices, or if the content reads
like it was transcribed from a legal
dictionary, it is possible that not very
many website visitors will be drawn
to make contact with your law firm.
A flawed website like this will require
a larger number of website visitors,
possibly a much larger number, than
would a more attractive, optimally
performing website.
Our data shows that a successful
website should cause at least 5% of
your visitors to make contact with
you. A very good website could have
10% of its visitors making contact with
you. For purposes of this article, this is
your website’s “inquiry rate.”
To show how important the inquiry
rate is, imagine that there are 1,000
visitors to your website over some
period of time, maybe a few weeks,
maybe a few months. If your website
causes 1% of your website visitors to
make contact with you, then that is 10
inquiries. If 5% of your website visi-
tors contact you, that’s 50 inquiries. If
10%, then you’d get 100 inquiries. It
goes without saying that 100 inquiries
will yield more good leads than 10 in-
quiries, and this is why a great website
is so important.
Not all of these inquiries are going
to be good cases. You already know
that a lot of the calls and emails you
get are not very good. People can’t
afford you, their statute of limitations
lapsed years ago, their legal matter is
in another State, etc.
But let’s say that one out of five of
those inquiries is something of inter-
est. If so, then you will have received
two possible leads from the website Continued on page 6
with the 1% inquiry rate as compared
to 20 possible leads from the website
with the 10% inquiry rate.
Once your website gets your web-
site visitors to make contact with you,
your job is to convert them to clients.
Using a 5% inquiry rate as our
baseline, if you have 300 visitors to
your website, you should receive 15
inquiries and if your website converts
at 10%, then you should receive 30
inquiries:
300 visitors == 15 to 30 inquiries.
Of the 15 to 30 inquiries, we dis-
cussed earlier that most of these inqui-
ries probably won’t be legal matters
that you are interested in handling
A successful website should cause at least 5%
of your visitors to make contact with you.
A very good website could have 10% of its
visitors making contact with you.
Lawyer Referral	 Winter 2015
4
Continued from page 2
Continued from page 1
Note from the Chair Lawyer Referral: Good for Lawyers, and
Good for Clients
Christian is
proud of the
LRIS mission
to serve the
public needing
legal services,
and to provide
panel lawyers
with carefully
screened clients.
Notably, the
LRIS reacted
quickly in the aftermath of recent
natural disasters—Hurricane Irene and
Superstorm Sandy—recruiting attor-
neys from across the state to assist those
requiring legal guidance with their
insurance carriers, Federal Emergency
Management Agency (FEMA) applica-
tions and other legal issues.
The LRIS seeks out and responds to
unmet legal needs for New York citi-
zens, creating a mutual benefit for the
attorneys who become panel members
of the service, and the clients in need of
legal referrals.
For example, LRIS, with committee
oversight, created a Veterans Panel
reduced cost program in November
2013 to help veterans with a broad
range of legal matters, including
obtaining federal benefits, military
discharge upgrades, adoptions and
family law and bankruptcy. More
than 250 attorneys around the state
will have participated when the pro-
gram ends on November 30.
Building a client base
By mid-October, LRIS had received
more than 11,500 calls from the pub-
lic in 2014. Of those requests, 2,355
were referred to a lawyer (about 20.4
percent).
Elena Jaffe Tastensen of Saratoga
Springs (Law Office of Elena Jaffe
Tastensen, PLLC) benefited from the
LRIS during her early years as a solo
practitioner. After working as an as-
sistant district attorney in New York
County and as an attorney for the
New York State Consumer Protection
Board in Albany, Tastensen set up her
own firm 10 years ago in Saratoga
Springs. She concentrates her practice
in family and matrimonial law, as well
as criminal law.
She is enthusiastic about her experi-
ence as a member of the LRIS Panel. “It
is absolutely a worthwhile experience,”
said Tastensen. “The LRIS really helped
me grow my practice. Now that I have
been in business for myself for more
than 10 years, it’s still a great way to
find new clients.”
She appreciates that attorneys can
specify which areas they practice in
and the kind of cases they can take.
“It is a win-win,” said Tastensen.
“Attorneys get referrals for their
practice. Clients get an attorney who
is experienced in that area of law.”
Frank M. Putorti, Jr. of Schenectady
(Law Office of Frank M. Putorti, Jr.)
won a medical malpractice case that
was referred to him through the LRIS
last year. It was one of the largest cases
ever to come through the LRIS.
He noted that some clients call LRIS
because they have been turned down
by other attorneys. “I would like to see
more clients go through LRIS because
I think it’s a good service,” said Put-
orti. “Every lawyer should try it. It’s a
good thing.”
Lawyers interested in joining the
LRIS panel can find an application and
more information at www.nysba.org/
lawyerreferral.
Vogel is NYSBA’s Social Media and
Website Content manager.
clude a provision to expand privilege
protection to communications between
prospective client callers to lawyer
referral services throughout the state
as defined in N.Y. JUD. Law §498: NY
Code-Section 498: Professional Refer-
rals. Our proposal was submitted to
the NYSBA Committee on Civil Prac-
tice Rules and Procedure for consider-
ation, and they voted unanimously (14-
0) in favor of the proposed amendment.
This proposal will be presented to the
Executive Committee of the New York
State Bar for further consideration. Our
request was sparked by events that oc-
curred in the State of California- which
prompted their legislature to make
client communications with its lawyer
referral services privileged, and which
Governor Brown signed into law in
July, 2013. In San Francisco a caller
seeking legal representation made use
of the San Francisco Legal Referral Ser-
vice, shortly thereafter, the service was
subpoenaed by a prosecutor to produce
all communications between the caller
and the service (to be used as evidence
in a criminal prosecution). The SF
Referral Service moved to quash the
subpoena, no records were produced,
and the final opinion by the court never
made mention of the incident. Those
involved moved their legislators to
amend the California Rules of Evi-
dence (analogous portion of law to our
NYS CPLR) to protect lawyer referral
services from prosecutorial subpoena
or disclosure barring client waiver of
privilege. Our committee decided that
we would follow California’s lead and
also seek privilege protection for the
thousands upon thousands of clients
who seek legal representation each
year from the twenty recognized law-
yer referral services that operate across
the entire state of New York. We
will be sure to update you as events
progress.
Anna K. Christian, Committee Chair
Tastensen
5
Lawyer Referral	 Winter 2015
A Long Road to a Lifelong Dream
New LRIS Panel Member: Clotelle Drakeford
Admitted in: 2013
LRIS Panel Members Since: 2014
Areas of Practice: Criminal Defense,
Family Law, Guardianship Matters,
Real Estate Closings, and Vehicle and
Traffic cases.
Clotelle Drakeford was born in
Queens, NY and raised in North Caro-
lina by her single mother. She gradu-
ated from North Carolina Central Uni-
versity in 1997 with a B.S. in Criminal
Justice and a B.A. in Sociology.
She began her legal career as both
a paralegal and legal secretary to vari-
ous personal injury firms from 2001-
2007. In 2008 she enrolled in Albany
Law School.
Working as a full-time Realtor
during law school, she did not have
time to secure an internship until after
graduating from Albany Law in 2011.
She then obtained externships with the
Federal Public Defender in the North-
ern District, and with the Albany
County Public Defender’s Office.
In 2013, she held a part-time posi-
tion with the Columbia County Public
Defender’s Office as a Family Law
Case Manager. In this role, she served
as the office liaison to clients to ensure
their compliance with court ordered
treatment programs and parenting
classes to resolve pending cases.
Ms. Drakeford was offered a part-
time position in the same office as an
Assistant Public Defender, and subse-
quently was admitted to the Bar.
In February of 2014 she began her
private practice in Hudson, NY.
Bar Affiliations: Secretary to the
Capital District Black and Hispanic
Bar Association; Member of NYSBA’s
Committee to Ensure Quality of
Mandated Representation; and Third
Department Representative for the
NYSBA’s Conference of Bar Leaders.
Although I have finally fulfilled my lifelong dream of
becoming an attorney, I intimately understand what
it is like to be indigent as well as lack access to basic
information and resources. I was raised by a single
mother and incredibly supportive grandparents.
However, as a child, we had no college graduates in
my family, and there was no emphasis on education.
My mother struggled severely with low paying
jobs to keep a roof over our heads. I overcame
considerable odds to be where I am today.
“It is truly a pleasure and
privilege to participate in the
NYSBA Lawyer Referral and
Information Service Program.
With my budding private
practice, I am not yet in a
position to advertise about
my services. But, I am able
to steadily take on new cases
and be retained by clients that
would not know about my
practice areas without my
membership with the NYSBA
Lawyer Referral Service and
Information Program. The
referral notification process is
most efficient, and the program
staff members are simply
delightful to work with to boot.
Therefore, I highly recommend
the Lawyer Referral and
Information Service Program.”
Lawyer Referral	 Winter 2015
6
Continued from page 3
Website Traffic
and about one out of five may contain
a legal issue of interest to you.
If one out of five of the inquiries are
of interest, then there should be about
three viable legal matters within that
set of 15 to 30 inquiries.
300 visitors == 15 to 30 inquiries
	 == 3 to 6 viable legal matters.
These three to six leads are the peo-
ple to whom you must immediately
respond. If you respond immediately
and are a good closer, it is expected
that you will get maybe one of these
three prospects, possibly two, and
maybe (but not likely) all three into
your office for a longer conversation
steering towards the establishment of
an attorney-client relationship..
Fortunately, of the four components
of this equation, three of the parts are
under your control:
The more visible you are, the
faster that 300 people with legal is-
sues will be coming to your website.
The number of inquiries from those
300 visitors will depend upon how
attractive people find your website,
which includes your development of
engaging content, selection of attractive
stock photography and the creation of
a version of your website for mobile
devices.
The quality of the cases and the
percentage of which are of interest to
you is not something you can control
because people with good cases and
people with bad cases will look for
you using the same search terms.
Finally, the number of prospects
who you convert to clients is entirely
on you. This will depend on the
immediacy of your response to their
inquiry, your apparent empathy
towards their plight, your expertise
in their legal issue and your subsequent
sales process.
Ken Matejka, J.D., LL.M, is a California-
licensed attorney and President of Matejka
Marketing, Inc., a San Francisco-based
Internet marketing company for solo prac-
titioners and small law firms. If you have
questions about this article, Ken can be
reached at ken@matejkamarketing.com.
State Bar News? There’s an app for that!
by Brandon Vogel
Members can now enjoy reading
the State Bar News on their smart-
phones and tablets, simply by down-
loading a new app.
The State Bar has launched a “NYS-
BA Periodicals” app for the State Bar
News and the Bar Journal. Members
can read an entire issue or selected
articles easily and follow short URL
links for more information about
news and feature articles, as well as
advertisements.
Downloading is easy
For iPhone/iPad users, please
visit the Apple Store and search for
“NYSBA.” You should receive three
results. Download the “Journal/State
Bar News” app.
For Droid users, visit the Google
Play Store and search for “NYSBA.”
You should receive three results.
Please download the “Journal/State
Bar News” app.
Once you have downloaded the
app, use your member login and
password to access the latest editions.
State Bar News editions starting
with the July/August 2014 issue
and Bar Journal editions from the
May 2014 issue forward are already
loaded on the app. Members can
read more complete archives on the
website, www.nysba.org/sbn or
www.nysba.org/journal.
Vogel is NYSBA’s Social Media and
Website Content manager.
7
Lawyer Referral	 Winter 2015
Prisoners’ Legal Services of New
York Helps Coordinate Referrals for
Incarcerated Persons
By Samantha Howell, Esq., Director of Pro Bono  Outreach
Prisoners’ Legal Services of New
York (PLS) is a not-for-profit legal
service agency that provides civil legal
services to indigent persons incarcer-
ated in New York State correctional fa-
cilities where appointed counsel is not
available. PLS advocates for incarcer-
ated New Yorkers on issues surround-
ing their conditions of confinement
and helps prepare them for release
and successful reintegration into their
communities.
Four Regional Offices
PLS has four regional offices – in
Albany, Buffalo, Ithaca and Platts-
burgh – and assists persons incarcer-
ated in any of the 54 state correctional
facilities. PLS receives over 10,000
requests for assistance annually and,
due to its limited staff and resources,
PLS relies heavily upon its Pro Bono
Partnership Program (PBPP) to find
volunteer attorneys who can help al-
leviate the caseload.
Attorneys who volunteer with
PLS’ PBPP have the opportunity to
provides legal advice and counsel,
advocacy, and legal representation to
indigent New Yorkers in prison. The
program, now in its fourth year, has
recruited dozens of attorneys to assist
on cases ranging from divorces to
challenges to disciplinary hearings to
state habeas corpus petitions.
This spring I met with Eva Valentin-
Espinal to discuss ways to improve
collaboration and referrals between
PLS and the NYSBA Lawyer Refer-
ral and Information Service (LRIS).
Through this collaboration, NYSBA’s
LRIS is checking with PLS when it
receives referrals to see whether PLS
can provide assistance before re-
sponding to individuals. This effort
should reduce the number of people
that a person has to contact to receive
assistance.
Training for prisoners’
rights cases
Taking prisoners’ rights cases can
be intimidating because the law is
complicated and few attorneys have
experience in dealing with prisons
or prisoners’ rights issues, but this
should not deter folks from volun-
teering!! At PLS, all of our volunteers
receive training on procedural and
substantive matters, training materi-
als, and support services from our
experienced staff.
Most PLS volunteers start by ac-
cepting a case involving a challenge
to a parole denial or a disciplin-
ary hearing that resulted in solitary
confinement. Typically these cases are
litigated via an Article 78 proceeding.
To assist our volunteers, we provide
a training manual with an A-Z guide
on filing Article 78s, overviews of the
substantive issues that may arise, and
sample forms. If an oral argument is
scheduled, we will happily schedule a
moot court session with the volunteer.
We also offer office space and re-
sources in any of our locations for our
volunteers. PLS is also an accredited
CLE provider, for both in-person train-
ings and for pro bono work.
If you are interested in accepting pro
bono referrals for prisoners’ civil rights
cases, please contact me at showell@
plsny.org or 518-445-6050. If you would
like to serve on NYSBA’s LRIS panel,
please contact Eva Valentin-Espinal,
Coordinator, at evalentin@nysba.org.
8
Lawyer Referral	 Winter 2015
NEW YORK STATE BAR ASSOCIATION
Lawyer Referral
Eva Valentin-Espinal, Coordinator,
Lawyer Referral and Information Service
www.nysba.org
Copyright 2015
Committee on Lawyer
Referral Service
Anna K. Christian, Esq., Chair
Michael E. Basile, Esq.
Donna C. Chin, Esq.
Timothy J. Fennell, Esq.
Nadine Y. From, Esq.
Lawrence W. Golden, Esq.
Roseann Hiebert
Ronald J. Kim, Esq.
Brian S. Lyda, Esq.
David J. Pajak, Esq.
Clara G. Schwabe, Esq.
Mark T. Starkman, Esq.
Soma S. Syed, Esq.
Elena Jaffe Tastensen, Esq.
Arthur N. Terranova, Esq.
Michelle H. Wildgrube, Esq.
George Wolff, Esq.
Call 1.800.255.0569
NEW YORK STATE BAR ASSOCIATION
LAWYER ASSISTANCE PROGRAM
Are you feeling
overwhelmed?
The New York State Bar Association’s
Lawyer Assistance Program can help.
We understand the competition, constant
stress, and high expectations you face as a
lawyer, judge or law student. Sometimes
the most difficult trials happen outside
the court. Unmanaged stress can lead to
problems such as substance abuse and
depression.
NYSBA’s LAP offers free, confidential help.
All LAP services are confidential and
protected under section 499 of the
Judiciary Law.
Lawyer Referral Veteran
Pilot Program a Success
265 attorneys eagerly volunteered to help launch
our Lawyer Referral Veteran Pilot Project. The
program ran from November 2013 through
November 2014 and assisted over 400 veterans
across the state.
Veterans received free consultations
and 25% reduced fees. Cases ranged
from adoptions to veterans benefits.
Thanks to all who volunteered.

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LawyerReferral_Winter15_Newsletter

  • 1. Lawyer Referral Vol. 8 No. 1 Winter 2015 • Note from Chair Anna K. Christian • Q A • Website Traffic: How Much Is Enough? • Prisoners’ Legal Services Referrals • New LRIS Panel Member: Clotelle Drakeford N E W Y O R K S T A T E B A R A S S O C I A T I O N The Lawyer Referral and Information Service Newsletter InsideLawyer Referral: Good for Lawyers, and Good for Clients By Brandon Vogel When Donna Chin moved from New Jersey to Ithaca, New York, she wanted to change the focus of her law practice after receiving a master of laws degree. So, she joined the New York State Bar Association. She also joined the Lawyer Referral and Information Service (LRIS) panel as a way to build her nonprofit practice. She was not disappointed. “It helped bring me into the local courts,” said Chin, who concentrates her practice in appeals, formation of nonprofits and compliance for busi- nesses. “It has been a positive expe- rience. It’s a good way for solo and small firm lawyers to build a client base, diversify their practice and do good. For me, it allowed me to practice the law that I choose to do now.” Chin’s experience reflects that of other solo and small-firm practitioners who have used the LRIS to expand their practice and client roster. Chin is a member of the Commit- tee on Lawyer Referral Service, which oversees LRIS operations. “It does good programs for the public and the public that need representation,” said Chin. Public service “Lawyer Referral services are the best way for the uninformed consum- er to access an experienced attorney to address his or her legal matter,” said Committee Chair Anna K. Christian of Albany (Boies, Schiller Flexner LLP). Lawyers who are State Bar mem- bers pay an annual fee of $75 to be listed on the panel for referrals. Non- members pay $125 to be listed. If a panel lawyer is retained by a referred client, the lawyers pay LRIS 10 percent of their fee for cases billed at $500 or more. Continued on page 4 Follow NYSBA Lawyer Referral on Twitter @FindaLawyerNYS
  • 2. Lawyer Referral Winter 2015 2 Note from the Chair Picture a middle class American kitchen back in the 1960’s. On the center of the kitchen table sits a canary yellow ceramic bowl filled with a plain white opaque substance, an aproned housewife stands by with spatula in hand. This is what yogurt looked like in the 1960’s, and back then, no one thought much about it, and if you ate yogurt, chances were that your mother or grandmother made it at home. Today, we would be hard pressed to discover a super market that did not dedicate space to an entire refrigerated wall of yogurts of every brand and variety, Greek yo- gurt wildly popular. What happened? This image came from a presenta- tion that speaker G. Shweiri, of Santa Ana College of Global Business and Entrepreneurship used to illustrate a point about product, market, and innovation, at the ABA Lawyer Refer- ral Service Workshops held in Long Beach this October. Marketers un- derstood that people’s perceptions of yogurt: being a little bit afraid of it, not knowing anything about it, required change, and so set about to trans- form people’s perceptions. The basic message became yogurt is not only delicious, nutritious, and healthy to eat, but also beneficial, and therefore a worthwhile expenditure. Mr. Shweiri posed the question: Why can’t Lawyer Referral Services become the next big thing, like yogurt? Imagine common perceptions such as: I never heard of a lawyer referral service; why do I need a lawyer; aren’t lawyers expensive, transformed into: I cannot imagine not having my own lawyer to handle my will, my business incorporation, my landlord-tenant dispute, and the first place I go to for the best attorney for my issue is the NYSBA Lawyer Referral Information Service. In- novative and transformative ideas, as What is the LRIS membership fee? LRIS panel members pay an annual fee of $75 ($125 for non-NYSBA members). What is the referral fee if a client retains my services? LRIS panel members agree to remit 10% of their entire fee if the fee is $500 or more. Do I need to carry malpractice insurance? Yes, LRIS panel members are required to provide proof of malpractice insurance in the minimum amount of $100,000. How much should I be charging for the initial ½ hour consultation? The consultation fee is $35. What if I can’t help a client that was referred to me? If you decline a referral for any reason, you should refer the client back to the LRIS. A LRIS client can also be seen by another attorney in your firm but the referral will be tracked as a referral to you. Do I have to have an office in the County that I want to receive referrals from? Yes, attorney members must have an office in one of our 44* service counties to be eligible to participate in our referral panel. How do I sign up? Download the LRIS application at www.nysba.org/joinlr or call 1.800.342.3661 or email lr@nysba.org to have an application mailed to you. * Go to www.nysba.org/joinlr for a complete list of service counties. QAIn an effort to assist you and your staff with some common inquiries below are answers to frequently asked questions. well as the nuts and bolts of managing lawyer referral services comprised the subject matter of the many stellar workshop sessions at this year’s ABA Lawyer Referral Service Workshops in Long Beach. Just ask ‘how to’, then fill in the blank with ‘tell a compelling story, get your message onto the web, network in the community, make the best use of social media, adapt to and recognize changes in the marketplace and the practice of law, manage your staff, or start a Modest Means Panel and the ABA Lawyer Referral Work- shops provide the solutions that we utilize each day at our Lawyer Refer- ral Information Service to make it the best place for being matched with the best lawyer for your particular legal matter. This past spring and summer, the Lawyer Referral Service Committee voted to endorse language to amend the CPLR Rule § 4503. Attorney to in- Continued on page 4 Left to right: Anna K. Christian, LRIS Committee Chair and Jane Nosbisch, ABA Standing Committee on LRIS
  • 3. 3 Lawyer Referral Winter 2015 Website Traffic: How Much Is Enough? By Ken Matejka, J.D., LL.M For your website to be a lead gen- erator, you need a lot of visitors and inquiries. The amount of traffic you need in order to get leads depends in large part on your website and you. As a point of qualification, there will be instances where you will need less traffic to get clients because you are practicing in an obscure area of law or in rural community where con- sumers have fewer choices. Converse- ly, if you have a general practice in a large city, you may need more traffic that is described here. A final con- sideration is the quality of the traffic you are getting to your website. One hundred visitors from Google should result in more inquiries than 100 visi- tors from Facebook because people search for legal help in Google are likely further into the buying process. If your website appears dated, is underdeveloped, is not formatted for mobile devices, or if the content reads like it was transcribed from a legal dictionary, it is possible that not very many website visitors will be drawn to make contact with your law firm. A flawed website like this will require a larger number of website visitors, possibly a much larger number, than would a more attractive, optimally performing website. Our data shows that a successful website should cause at least 5% of your visitors to make contact with you. A very good website could have 10% of its visitors making contact with you. For purposes of this article, this is your website’s “inquiry rate.” To show how important the inquiry rate is, imagine that there are 1,000 visitors to your website over some period of time, maybe a few weeks, maybe a few months. If your website causes 1% of your website visitors to make contact with you, then that is 10 inquiries. If 5% of your website visi- tors contact you, that’s 50 inquiries. If 10%, then you’d get 100 inquiries. It goes without saying that 100 inquiries will yield more good leads than 10 in- quiries, and this is why a great website is so important. Not all of these inquiries are going to be good cases. You already know that a lot of the calls and emails you get are not very good. People can’t afford you, their statute of limitations lapsed years ago, their legal matter is in another State, etc. But let’s say that one out of five of those inquiries is something of inter- est. If so, then you will have received two possible leads from the website Continued on page 6 with the 1% inquiry rate as compared to 20 possible leads from the website with the 10% inquiry rate. Once your website gets your web- site visitors to make contact with you, your job is to convert them to clients. Using a 5% inquiry rate as our baseline, if you have 300 visitors to your website, you should receive 15 inquiries and if your website converts at 10%, then you should receive 30 inquiries: 300 visitors == 15 to 30 inquiries. Of the 15 to 30 inquiries, we dis- cussed earlier that most of these inqui- ries probably won’t be legal matters that you are interested in handling A successful website should cause at least 5% of your visitors to make contact with you. A very good website could have 10% of its visitors making contact with you.
  • 4. Lawyer Referral Winter 2015 4 Continued from page 2 Continued from page 1 Note from the Chair Lawyer Referral: Good for Lawyers, and Good for Clients Christian is proud of the LRIS mission to serve the public needing legal services, and to provide panel lawyers with carefully screened clients. Notably, the LRIS reacted quickly in the aftermath of recent natural disasters—Hurricane Irene and Superstorm Sandy—recruiting attor- neys from across the state to assist those requiring legal guidance with their insurance carriers, Federal Emergency Management Agency (FEMA) applica- tions and other legal issues. The LRIS seeks out and responds to unmet legal needs for New York citi- zens, creating a mutual benefit for the attorneys who become panel members of the service, and the clients in need of legal referrals. For example, LRIS, with committee oversight, created a Veterans Panel reduced cost program in November 2013 to help veterans with a broad range of legal matters, including obtaining federal benefits, military discharge upgrades, adoptions and family law and bankruptcy. More than 250 attorneys around the state will have participated when the pro- gram ends on November 30. Building a client base By mid-October, LRIS had received more than 11,500 calls from the pub- lic in 2014. Of those requests, 2,355 were referred to a lawyer (about 20.4 percent). Elena Jaffe Tastensen of Saratoga Springs (Law Office of Elena Jaffe Tastensen, PLLC) benefited from the LRIS during her early years as a solo practitioner. After working as an as- sistant district attorney in New York County and as an attorney for the New York State Consumer Protection Board in Albany, Tastensen set up her own firm 10 years ago in Saratoga Springs. She concentrates her practice in family and matrimonial law, as well as criminal law. She is enthusiastic about her experi- ence as a member of the LRIS Panel. “It is absolutely a worthwhile experience,” said Tastensen. “The LRIS really helped me grow my practice. Now that I have been in business for myself for more than 10 years, it’s still a great way to find new clients.” She appreciates that attorneys can specify which areas they practice in and the kind of cases they can take. “It is a win-win,” said Tastensen. “Attorneys get referrals for their practice. Clients get an attorney who is experienced in that area of law.” Frank M. Putorti, Jr. of Schenectady (Law Office of Frank M. Putorti, Jr.) won a medical malpractice case that was referred to him through the LRIS last year. It was one of the largest cases ever to come through the LRIS. He noted that some clients call LRIS because they have been turned down by other attorneys. “I would like to see more clients go through LRIS because I think it’s a good service,” said Put- orti. “Every lawyer should try it. It’s a good thing.” Lawyers interested in joining the LRIS panel can find an application and more information at www.nysba.org/ lawyerreferral. Vogel is NYSBA’s Social Media and Website Content manager. clude a provision to expand privilege protection to communications between prospective client callers to lawyer referral services throughout the state as defined in N.Y. JUD. Law §498: NY Code-Section 498: Professional Refer- rals. Our proposal was submitted to the NYSBA Committee on Civil Prac- tice Rules and Procedure for consider- ation, and they voted unanimously (14- 0) in favor of the proposed amendment. This proposal will be presented to the Executive Committee of the New York State Bar for further consideration. Our request was sparked by events that oc- curred in the State of California- which prompted their legislature to make client communications with its lawyer referral services privileged, and which Governor Brown signed into law in July, 2013. In San Francisco a caller seeking legal representation made use of the San Francisco Legal Referral Ser- vice, shortly thereafter, the service was subpoenaed by a prosecutor to produce all communications between the caller and the service (to be used as evidence in a criminal prosecution). The SF Referral Service moved to quash the subpoena, no records were produced, and the final opinion by the court never made mention of the incident. Those involved moved their legislators to amend the California Rules of Evi- dence (analogous portion of law to our NYS CPLR) to protect lawyer referral services from prosecutorial subpoena or disclosure barring client waiver of privilege. Our committee decided that we would follow California’s lead and also seek privilege protection for the thousands upon thousands of clients who seek legal representation each year from the twenty recognized law- yer referral services that operate across the entire state of New York. We will be sure to update you as events progress. Anna K. Christian, Committee Chair Tastensen
  • 5. 5 Lawyer Referral Winter 2015 A Long Road to a Lifelong Dream New LRIS Panel Member: Clotelle Drakeford Admitted in: 2013 LRIS Panel Members Since: 2014 Areas of Practice: Criminal Defense, Family Law, Guardianship Matters, Real Estate Closings, and Vehicle and Traffic cases. Clotelle Drakeford was born in Queens, NY and raised in North Caro- lina by her single mother. She gradu- ated from North Carolina Central Uni- versity in 1997 with a B.S. in Criminal Justice and a B.A. in Sociology. She began her legal career as both a paralegal and legal secretary to vari- ous personal injury firms from 2001- 2007. In 2008 she enrolled in Albany Law School. Working as a full-time Realtor during law school, she did not have time to secure an internship until after graduating from Albany Law in 2011. She then obtained externships with the Federal Public Defender in the North- ern District, and with the Albany County Public Defender’s Office. In 2013, she held a part-time posi- tion with the Columbia County Public Defender’s Office as a Family Law Case Manager. In this role, she served as the office liaison to clients to ensure their compliance with court ordered treatment programs and parenting classes to resolve pending cases. Ms. Drakeford was offered a part- time position in the same office as an Assistant Public Defender, and subse- quently was admitted to the Bar. In February of 2014 she began her private practice in Hudson, NY. Bar Affiliations: Secretary to the Capital District Black and Hispanic Bar Association; Member of NYSBA’s Committee to Ensure Quality of Mandated Representation; and Third Department Representative for the NYSBA’s Conference of Bar Leaders. Although I have finally fulfilled my lifelong dream of becoming an attorney, I intimately understand what it is like to be indigent as well as lack access to basic information and resources. I was raised by a single mother and incredibly supportive grandparents. However, as a child, we had no college graduates in my family, and there was no emphasis on education. My mother struggled severely with low paying jobs to keep a roof over our heads. I overcame considerable odds to be where I am today. “It is truly a pleasure and privilege to participate in the NYSBA Lawyer Referral and Information Service Program. With my budding private practice, I am not yet in a position to advertise about my services. But, I am able to steadily take on new cases and be retained by clients that would not know about my practice areas without my membership with the NYSBA Lawyer Referral Service and Information Program. The referral notification process is most efficient, and the program staff members are simply delightful to work with to boot. Therefore, I highly recommend the Lawyer Referral and Information Service Program.”
  • 6. Lawyer Referral Winter 2015 6 Continued from page 3 Website Traffic and about one out of five may contain a legal issue of interest to you. If one out of five of the inquiries are of interest, then there should be about three viable legal matters within that set of 15 to 30 inquiries. 300 visitors == 15 to 30 inquiries == 3 to 6 viable legal matters. These three to six leads are the peo- ple to whom you must immediately respond. If you respond immediately and are a good closer, it is expected that you will get maybe one of these three prospects, possibly two, and maybe (but not likely) all three into your office for a longer conversation steering towards the establishment of an attorney-client relationship.. Fortunately, of the four components of this equation, three of the parts are under your control: The more visible you are, the faster that 300 people with legal is- sues will be coming to your website. The number of inquiries from those 300 visitors will depend upon how attractive people find your website, which includes your development of engaging content, selection of attractive stock photography and the creation of a version of your website for mobile devices. The quality of the cases and the percentage of which are of interest to you is not something you can control because people with good cases and people with bad cases will look for you using the same search terms. Finally, the number of prospects who you convert to clients is entirely on you. This will depend on the immediacy of your response to their inquiry, your apparent empathy towards their plight, your expertise in their legal issue and your subsequent sales process. Ken Matejka, J.D., LL.M, is a California- licensed attorney and President of Matejka Marketing, Inc., a San Francisco-based Internet marketing company for solo prac- titioners and small law firms. If you have questions about this article, Ken can be reached at ken@matejkamarketing.com. State Bar News? There’s an app for that! by Brandon Vogel Members can now enjoy reading the State Bar News on their smart- phones and tablets, simply by down- loading a new app. The State Bar has launched a “NYS- BA Periodicals” app for the State Bar News and the Bar Journal. Members can read an entire issue or selected articles easily and follow short URL links for more information about news and feature articles, as well as advertisements. Downloading is easy For iPhone/iPad users, please visit the Apple Store and search for “NYSBA.” You should receive three results. Download the “Journal/State Bar News” app. For Droid users, visit the Google Play Store and search for “NYSBA.” You should receive three results. Please download the “Journal/State Bar News” app. Once you have downloaded the app, use your member login and password to access the latest editions. State Bar News editions starting with the July/August 2014 issue and Bar Journal editions from the May 2014 issue forward are already loaded on the app. Members can read more complete archives on the website, www.nysba.org/sbn or www.nysba.org/journal. Vogel is NYSBA’s Social Media and Website Content manager.
  • 7. 7 Lawyer Referral Winter 2015 Prisoners’ Legal Services of New York Helps Coordinate Referrals for Incarcerated Persons By Samantha Howell, Esq., Director of Pro Bono Outreach Prisoners’ Legal Services of New York (PLS) is a not-for-profit legal service agency that provides civil legal services to indigent persons incarcer- ated in New York State correctional fa- cilities where appointed counsel is not available. PLS advocates for incarcer- ated New Yorkers on issues surround- ing their conditions of confinement and helps prepare them for release and successful reintegration into their communities. Four Regional Offices PLS has four regional offices – in Albany, Buffalo, Ithaca and Platts- burgh – and assists persons incarcer- ated in any of the 54 state correctional facilities. PLS receives over 10,000 requests for assistance annually and, due to its limited staff and resources, PLS relies heavily upon its Pro Bono Partnership Program (PBPP) to find volunteer attorneys who can help al- leviate the caseload. Attorneys who volunteer with PLS’ PBPP have the opportunity to provides legal advice and counsel, advocacy, and legal representation to indigent New Yorkers in prison. The program, now in its fourth year, has recruited dozens of attorneys to assist on cases ranging from divorces to challenges to disciplinary hearings to state habeas corpus petitions. This spring I met with Eva Valentin- Espinal to discuss ways to improve collaboration and referrals between PLS and the NYSBA Lawyer Refer- ral and Information Service (LRIS). Through this collaboration, NYSBA’s LRIS is checking with PLS when it receives referrals to see whether PLS can provide assistance before re- sponding to individuals. This effort should reduce the number of people that a person has to contact to receive assistance. Training for prisoners’ rights cases Taking prisoners’ rights cases can be intimidating because the law is complicated and few attorneys have experience in dealing with prisons or prisoners’ rights issues, but this should not deter folks from volun- teering!! At PLS, all of our volunteers receive training on procedural and substantive matters, training materi- als, and support services from our experienced staff. Most PLS volunteers start by ac- cepting a case involving a challenge to a parole denial or a disciplin- ary hearing that resulted in solitary confinement. Typically these cases are litigated via an Article 78 proceeding. To assist our volunteers, we provide a training manual with an A-Z guide on filing Article 78s, overviews of the substantive issues that may arise, and sample forms. If an oral argument is scheduled, we will happily schedule a moot court session with the volunteer. We also offer office space and re- sources in any of our locations for our volunteers. PLS is also an accredited CLE provider, for both in-person train- ings and for pro bono work. If you are interested in accepting pro bono referrals for prisoners’ civil rights cases, please contact me at showell@ plsny.org or 518-445-6050. If you would like to serve on NYSBA’s LRIS panel, please contact Eva Valentin-Espinal, Coordinator, at evalentin@nysba.org.
  • 8. 8 Lawyer Referral Winter 2015 NEW YORK STATE BAR ASSOCIATION Lawyer Referral Eva Valentin-Espinal, Coordinator, Lawyer Referral and Information Service www.nysba.org Copyright 2015 Committee on Lawyer Referral Service Anna K. Christian, Esq., Chair Michael E. Basile, Esq. Donna C. Chin, Esq. Timothy J. Fennell, Esq. Nadine Y. From, Esq. Lawrence W. Golden, Esq. Roseann Hiebert Ronald J. Kim, Esq. Brian S. Lyda, Esq. David J. Pajak, Esq. Clara G. Schwabe, Esq. Mark T. Starkman, Esq. Soma S. Syed, Esq. Elena Jaffe Tastensen, Esq. Arthur N. Terranova, Esq. Michelle H. Wildgrube, Esq. George Wolff, Esq. Call 1.800.255.0569 NEW YORK STATE BAR ASSOCIATION LAWYER ASSISTANCE PROGRAM Are you feeling overwhelmed? The New York State Bar Association’s Lawyer Assistance Program can help. We understand the competition, constant stress, and high expectations you face as a lawyer, judge or law student. Sometimes the most difficult trials happen outside the court. Unmanaged stress can lead to problems such as substance abuse and depression. NYSBA’s LAP offers free, confidential help. All LAP services are confidential and protected under section 499 of the Judiciary Law. Lawyer Referral Veteran Pilot Program a Success 265 attorneys eagerly volunteered to help launch our Lawyer Referral Veteran Pilot Project. The program ran from November 2013 through November 2014 and assisted over 400 veterans across the state. Veterans received free consultations and 25% reduced fees. Cases ranged from adoptions to veterans benefits. Thanks to all who volunteered.