1.        THE SERVICE

(a)   Texas Lawyer Referral Service, hereinafter referred to as “TxLRS”, is certified as a lawyer referral service as required by the State of Texas under Chapter 952, Occupations Code.

(b)  The objective of TxLRS is to be a service available to the general public that will help people find a lawyer who is a member of the State Bar of Texas.  TxLRS seeks to operates primarily for the benefit of the public.

(c)   TxLRS also seeks to help those individuals who may be indigent, of modest means, underserved or who cannot afford to hire or retain a lawyer in the traditional manner.  TxLRS is committed to helping individuals with matters involving children and families.  Furthermore, TxLRS desires to encourage and facilitate lawyers to recognize the benefits of volunteering and working with people in non-traditional ways.

2.        TERMS AND DEFINITIONS

(a)   Lawyer Applicant – A lawyer who has applied to be a Participating Lawyer with TxLRS, but has not yet been approved.

(b)  Participating Lawyer – A lawyer who has been approved by TxLRS to participate in the service and receive Referrals.

(c)   Referred Lawyer  or Lawyer Referral – A Participating Lawyer who is being or has been provided a Referral by TxLRS.

(d)  Prospective Client – Someone who has contacted TxLRS with a legal situation or concern, is seeking a lawyer or seeking legal services, or who may be interested in consulting with or hiring a lawyer.

(e)   Referred Client or Client Referral – A Prospective Client who is being or has been referred by TxLRS to a Participating Lawyer.

(f)    Referral – Each time TxLRS refers a Prospective Client (now Referred Client) to a Participating Lawyer (now Referred Lawyer), it is considered a Referral.

(g)   Referral Fees – Any fee amount owed to TxLRS by a Participating Lawyer for a Referral.  Referral Fees are computed as either a percentage of fees the Participating Lawyer receives from the Referred Client (see details herein) or as a fixed fee as may be agreed in advance between TxLRS and the Participating Lawyer.

(h)  Participation Fees - Any fee amount owed to TxLRS by a Participating Lawyer for merely being a Participating Lawyer (e.g. an annual fee to be part of the service).  TxLRS does not have a Participation Fee.

(i)    Client Fees – Any fee charged by TxLRS to the Prospective Client or to the Referred Client.  TxLRS does not charge any Client Fees for its service.

3.        MODEST MEANS PROGRAM

(a)   The Modest Means Program is a program with a primary objective to assist persons of modest means to obtain the services of a lawyer.

(b)  It is the sole discretion of the Participating Lawyer whether or not he/she accepts a Referral who meets the qualifications of the Modest Means Program.  However, when a Participating Lawyer does accept a Referred Client for whom the Participating Lawyer is provided information in advance that indicates the Referred Client qualifies for the Modest Means Program, the Participating Lawyer shall limit their initial retainer to no more than $500 and limit their ongoing hourly rate to no more than $100 per hour.

(c)   The Modest Means Program also encourages no fee representation of clients by lawyers, similar to a pro bono publico legal program.  This is intended to help needy individuals get pro bono assistance from lawyers.

4.        MILITARY VETERANS PROGRAM

(a)   The Military Veterans Program, or “Veterans Program”, is a program with a  primary objective to assist persons who are veterans of the US military, or active duty military, to obtain the services of a lawyer.

(b)  It is the sole discretion of the Participating Lawyer whether or not he/she accepts a Referral who meets the qualifications of the Military Veterans Program.  However, when a Participating Lawyer does accept a Referred Client for whom the Participating Lawyer is provided information in advance that indicates the Referred Client qualifies for the Military Veterans Program qualifications, the Participating Lawyer shall limit their initial retainer to no more than $500 and limit their ongoing hourly rate to no more than $100 per hour.

(c)   The Military Veterans Program also encourages no fee representation of clients by lawyers, similar to a pro bono publico legal program.  This is intended to help needy individuals get pro bono assistance from lawyers.

5.        TEXAS VOLUNTEER ATTORNEYS PROGRAM

(a)   The Texas Volunteer Attorneys Program, or “TVA Program”, is a program with a primary objective to encourage and facilitate lawyer volunteerism.

(b)  Participation in the TVA Program by a Participating Lawyer is not required for a lawyer to be a Participating Lawyer with TxLRS.  Likewise, participation in TxLRS is not required for participation in the TVA Program.  However, if a TxLRS Participating Lawyer also participates in the TVA Program, that lawyer’s Referral Fees owed to TxLRS may be less as a result of any qualified time spent volunteering.

6.        LAWYER ELIGIBILITY

(a)   Lawyers licensed to practice law in Texas, in good standing with the State Bar of Texas, maintain an office in the State of Texas, and engaged in representing individual clients in the private practice of law are eligible to apply to be a Participating Lawyer with the TxLRS.

(b)  Lawyers are not eligible to apply, and shall not be approved, if the lawyer:

(1)  is not licensed to practice law in the State of Texas;

(2)  is not in good standing with the State Bar of Texas;

(3)  is employed by a city, county, state or  other type of governmental agency; or

(4)  does not normally represent individuals as clients in the lawyer’s private practice of law.

7.        TERMS AND CONDITIONS OF LAWYER PARTICIPATION

(a)   A Participating Lawyer agrees to each of the following:

(1)  To be and to remain in good standing with the State Bar of Texas, qualified to practice and adhere to the recognized ethical standards of the profession.

(2)  To have and to maintain legal ability and competency in the particular practice area(s) of law for which he/she chooses to accept Referrals.

(3)  To read, understand and comply with these rules and all other policies and procedures of the TxLRS.

(4)  To comply with all rules, policies and procedures of programs affiliated with TxLRS, such as the Texas Volunteer Attorneys Program, Military Veterans Program and the Modest Means Program, if the Participating Lawyer participates in the program.

(b)  A Participating Lawyer has an affirmative duty to inform TxLRS within five (5) days of occurrence, or as soon thereafter as possible, if he/she is:

(1)  publicly or privately reprimanded by the State Bar of Texas;

(2)  placed on probation, suspended, or disbarred by the State Bar of Texas;

(3)  charged by information or complaint with a misdemeanor offense that constitutes a crime of moral turpitude and involves a Referred Client; or

(4)  indicted on felony charges.

(c)   TxLRS may investigate and request, from any Lawyer Applicant or Participating Lawyer, such information and certification as TxLRS deems necessary to demonstrate the responsibility, capability, character, integrity and compliance with any rules, policies or procedures of TxLRS. Failure for a Lawyer Applicant or Participating Lawyer to provide any information requested by TxLRS may, at TxLRS’s sole discretion, result in rejection, suspension or termination of participation in TxLRS.

8.        SUSPENSION OR TERMINATION OF A PARTICIPATING LAWYER BY TXLRS

(a)   Any Participating Lawyer who has had final disciplinary action of suspension or disbarment taken against him or her by the State Bar of Texas may be considered suspended and therefore inactive in TxLRS until the tenure of the suspension or disbarment with the State Bar of Texas is completed.

(b)  Any Lawyer Applicant may be denied approval as a Participating Lawyer and any Participating Lawyer may be terminated or suspended from participation by TxLRS, at TxLRS’s sole determination, for any of the following reasons:

(1)  Failure to comply with any of these rules or the terms or conditions of lawyer participation as described herein.

(2)  Has been found by the State Bar of Texas to have violated a Texas Disciplinary Rule of Professional Conduct in handling or representing a Referred Client.

(3)  Having received a public or private reprimand, probation, suspension or disbarment from the State Bar of Texas.

(4)  Is a defendant in a Disciplinary Action filed by the Commission for Lawyer Discipline.

(5)  Having engaged in malpractice in handling or representing a Referred Client.

(6)  Failure to have and to maintain legal ability and competency in the particular practice area(s) of law for which he or she chooses to accept Referrals.

(7)  Failure to handle Referred Clients in a diligent and responsible manner.

(8)  Failure to meet the required standards of responsibility, capability, character and integrity.

(9)  Having signed or submitted any application or a report to the TxLRS which is found to be untrue or misrepresentative in any material respect.

(10)          Failure to pay any fee to the TxLRS in full and by the date due.

(11)          Failure to render any report to TxLRS in a timely manner and as requested by the TxLRS.

(12)          Indicted for any felony or charged by information or complaint with a misdemeanor offense that constitutes a crime of moral turpitude.

(13)          Charged with a crime involving moral turpitude.

(14)          Failure to meet or maintain the qualifications for participation in TxLRS .

(15)          Having engaged in conduct harmful or injurious to the goals, reputation, or interest of TxLRS, including but not limited to:  (a) giving less consideration to a TxLRS Referred Clients than to other clients; (b) promoting the services, values and benefits of themselves over the services, values and benefits of TxLRS; (c) consistent unavailability to Referred Clients; (d) consistent refusal to make or keep appointments with Referred Clients; (e) rudeness to Referred Clients; (f) repeated fee disputes with Referred Clients; or (g) consistent or excessive complaints from Referred Clients; (h) rudeness to TxLRS staff; consistent failure to respond to TxLRS requests in a timely, thorough and professional manner.

(16)          For any reason that is deemed just or appropriate by TxLRS.

9.        WITHDRAWAL OR SUSPENSION BY PARTICIPATING LAWYER

(a)   Any Participating Lawyer may withdrawal or suspend his/her participation with TxLRS at any time and for any reason by submitting a written notification to TxLRS at least five days in advance of the effective date of such withdrawal or suspension.  Such notice is to clearly identify the Participating Lawyer, the Participating Lawyer’s request or action, and the effective date of withdrawal or suspension of participation.  The notice shall be submitted to TxLRS in a manner, method or address as requested by TxLRS.

(b)  The Participating Lawyer shall continue to abide by all rules, policies and procedures for all Referrals, including prior to and after the effective date of termination.  The Participating Lawyer shall continue to be responsible for payment of any Referral Fees just as if the Participating Lawyer were still active.

10.   OPERATION OF REFERRALS

(a)   Prospective Clients may be referred to one or multiple Participating Lawyers simultaneously or at different times, as determined by TxLRS.

(b)  Participating Lawyers may receive Referrals randomly, in a round-robin manner, or in any other manner, as determined by TxLRS.

(c)   If one or more Referred Lawyers do not follow up with a Referred Client in a timely manner, or a Referred Client does not hire a Referred Lawyers in a timely manner, or for any other reason, TxLRS may refer the Prospective Client to one or more additional Participating Lawyers.

(d)  There is no guarantee or representation, expressed or implied, that a Participating Lawyer will receive any minimum number of Referrals, or any Referrals at all, from TxLRS. 

(e)   There is no guarantee or representation, expressed or implied of the number of Referrals any Participating Lawyer will receive from TxLRS, or that a Participating Lawyer will receive the same or similar number or quality of Referrals as any other Participating Lawyer.  Distribution of Referrals is at the discretion of TxLRS.

(f)    Referrals will typically, but not always, be made based on one or more of the following factors:

(1)  the practice areas of law the Participating Lawyer has indicated he/she is competent to practice and qualified and interested to receive referrals;

(2)  the geographic practice location (i.e. county or counties) of the Participating Lawyer;

(3)  the availability of a Participating Lawyer(s) who are also members of the relevant subject matter panel;

(4)  the availability of a Participating Lawyer(s) who also participate in the TVA Program; and

(5)  other factors at the discretion of the TxLRS. 

(g)   Either TxLRS will facilitate a consultation between the Referred Client and Referred Lawyer, or the Referred Client and Referred Lawyer will be provided with one another’s contact information so that they may facilitate a consultation themselves.

(h)  Whenever a Participating Lawyer receives a Referral, the Participating Lawyer shall grant the Referred Client an appointment as soon as practicable after request is made.

11.   SUBJECT MATTER PANELS

(a)   The TxLRS has established subject matter panels.  Each area of law may have a corresponding subject matter panel if there are qualified Participating Lawyers.  A Participating Lawyer may qualify for subject matter panel membership, on one or more panels, by meeting certain criteria in the corresponding area of law.  No fee for membership.

(b)  A Participating Lawyer shall qualify for membership on a subject matter panel if the lawyer:

(1)  has indicated he/she is competent and qualified to practice in the corresponding area of law and has requested to receive Referrals in this area of law; and

(2)  the lawyer meets any one of the following criteria, in the corresponding area of law: (a) is certified by the Texas Board of Legal Specialization; (b) has handled, to completion, three or more cases within the preceding four years; or (c) has completed fifteen units of continuing education within the past twenty-four months.

(c)   TxLRS may request, from any Lawyer Applicant or Participating Lawyer, such information as TxLRS deems necessary to demonstrate whether or not the lawyer qualifies for subject matter panel membership. 

(d)  Failure to provide, for any reason, information necessary for subject matter panel membership qualification, may result in the lawyer not being approved for membership on that subject matter panel.

(e)   TxLRS shall have authority to make of final determination of any subject matter panel membership.

12.   CLIENT FEES

(a)   A Participating Lawyer shall not charge a Referred Client for an initial one-half hour consultation.  TxLRS Referrals shall always be provided a free one-half hour initial consultation by each Participating Lawyer they meet with through the TxLRS.

(b)  A Participating Lawyer may charge for further services beyond the initial one-half hour consultation in congruence with any agreement made with the client and in keeping with the stated objectives of the TxLRS and the Referred Client’s ability to pay.

(c)   A Participating Lawyer shall not charge a Referred Client more than the total cost, including legal fees and expenses, than the Referred Client would have been required to pay if a Referral through the TxLRS had not been made.

(d)  A Participating Lawyer shall comply with all rules, policies and procedures of the Modest Means Program.

13.   PARTICIPATION FEES

(a)   There is no monetary registration or membership fee for a lawyer to participate with TxLRS; however, there is a service fee which takes the form of the lawyer being willing to volunteer.

14.   REFERRAL FEES

For any Participating Lawyer who does not participate in the Texas Volunteer Attorneys Program, or TVA Program, the following Referral Fee policies shall apply.

(a)   The Participating Lawyer shall pay TxLRS a Referral Fee equivalent to ten percent (10%) of the total attorney’s fees by the end of the calendar month following the calendar month during which the Participating Lawyer received the fee.

For any Participating Lawyer who does participate in the Texas Volunteer Attorneys Program, or TVA Program, the following Referral Fee policies shall apply.

(b)  The Participating Lawyer shall pay TxLRS a Referral Fee  equivalent to ten percent (10%) of the total attorney’s fees collected in excess of the “Base Amount” per Referral, by the end of the calendar month following the calendar quarter in which occurred receipt, by the Participating Lawyer, of the corresponding attorney fee.

(c)   The Base Amount used to compute the Referral Fee will vary depending on the amount of time the Participating Lawyer volunteers.  Basically, the more a Participating Lawyer volunteers, the lower their Referral Fee may be.  This is intended to encourage lawyer volunteerism.  Below is a table showing how the Base Amount corresponds to various amounts of Volunteer Hours, per quarter. 

Quarterly

Volunteer Hours

Base Amount

1 to 9.999

$1,000

10 to 29.999

$2,000

30 or more

$3,000

Quarters shall be Jan-Mar, Apr-June, July-Aug and Sept-Dec.   Referral Fees are to be computed during the month following each quarter, those being: April, July, September and January.  Any Referral Fees owed are to be paid no later than the end of the month following each quarter, that being the end of: April, July, September and January.

(d)  After the end of each calendar quarter, Referral Fees will be calculated using the lawyer’s TVA Program volunteer hours during that prior calendar quarter and the attorney fees received by the lawyer for any Referrals during that same prior calendar quarter.

(e)   Whatever the Base Amount is for a given calendar quarter, that same Base Amount shall be applied to all Referrals for the purpose of computing any Referral Fee applicable to that calendar quarter.

(f)    At the beginning of each quarter, Volunteer Hours shall reset to zero for the purpose of computing Referral Fees.

(g)   All qualifying volunteer time will be tracked through the TVA Program.  Any time a Participating Lawyer may spend volunteering outside the TVA Program shall not be considered by the TxLRS for the purpose of determining Volunteer Hours.  TxLRS shall have sole and final determination regarding any disputes or complaints involving TVA Program volunteer hours or Base Amount.  If there is any dispute, question or uncertainty of the Base Amount, then the Base Amount shall be zero, unless otherwise determined by TxLRS.

The following applies to all Participating Lawyers and Referral Fees, regardless of whether or not the lawyer also participates in the TVA Program.

(h)  Attorney’s fees, for purposes of computing Referral Fees, shall include any and all fees, receipts and moneys paid and attributable to any services or representation provided to the client, which shall include, but not be limited to, such things as retainer fees, hourly fees, fixed fees, payment plan fees, representation fees, document preparation fees, gross settlement amounts, kickbacks, refunds, claw backs, etc.

(i)    Any fees billed and unpaid shall not be included, until such time the fee is paid.  Once paid, the fees shall be considered attorney’s fees and shall be used in the computation of Referral Fees.  Referral Fees are considered accrued at the time the corresponding attorney’s fee is paid.

(j)    Prepaid fee amounts in the Participating Lawyer’s IOLTA account, which have not yet been earned and is refundable to the client, shall not be considered attorney’s fees and shall not be used in the computation of Referral Fees.

(k)  Fees that are not refundable to the client, whether prepaid or not, shall be considered attorney’s fees and shall be used in the computation of Referral Fees.

(l)    If a settlement fee is paid by an insurance company to the Participating Lawyer, trust or registry, at the time the money is paid to the lawyer, trust or registry the money shall be considered attorney’s fees and shall, at that time, be used in the computation of Referral Fees

(m)                        If any Participating Lawyer receives compensation from a Referred Client in a form other than in monetary form, such as a trade for services or physical items such as jewelry, guns, automobiles, etc., the Participating Lawyer shall report this to the TxLRS.  The amount attributable as attorney’s fees and used in the computation of any Referral Fees shall be the greater of: (a) the amount of the Participating Lawyer fee offset by receipt of the service or item, or (b) the fair market value of the service or item.

(n)  Some specific types of referrals (e.g. traffic ticket referrals) may be provided on a flat-fee basis, rather than a percentage-fee basis.  TxLRS reserves the right to set flat-fee rates as deemed appropriate.  The fee amount for any such flat-fee referrals will be mutually agreed in advance of any Referrals for which a Referral Fee may be owed and in writing with the Participating Lawyer.

(o)  TxLRS reserves the right to change referral fee rate at any time, but such change shall only apply to Referrals that a Participating Lawyer receives after being made aware of the change in referral fee rate.

(p)  A Referral is effectively a referral of a Prospective Client, not a case.  Some clients will use a lawyer’s services a number of times over the course of several years, especially for matters involving family law.  A Referral, and the Referral Fees, shall apply to all cases and attorney’s fees generated on or after the date of the Referral, from the Referred Client, not just for the immediate case for which the Referred Client may consult with the Participating Lawyer. 

(q)  The TxLRS shall make the final determination in all disputes or matters involving attorney fees or Referral Fees, including but not limited to the determination of what is considered an attorney fee used in the computation of Referral Fees, when funds are considered attorney fees and the determination of the fair market value of any item.

(r)   Participating Lawyers shall provide to TxLRS whatever document is requested by TxLRS to validate any amounts, including but not limited to fee agreements, settlement agreements and expense receipts.

(s)   TxLRS shall retain the right to discount or waive any Referral Fee amount, and may do so at TxLRS’s sole discretion and may do so at any time and for any reason.

15.   EXAMPLE REFERRAL FEE COMPUTATIONS

(a)   Below are examples of Referral Fee computations:

(1)  Example 1:  A Participating Lawyer, who also participates in the TVA Program, accepts a Referred Client on contingency, and the lawyer’s fee is 30% of any award, plus additional payment of expenses.  If the case settles for $20,000 and the Participating Lawyer incurred $3,227 of expenses, the lawyer’s fees used to compute Referral Fees would be $6,000.  (The lawyer would receive $6,000 as their fee and $3,227 as expense reimbursement.) If the Participating Lawyer’s Base Amount that quarter was $2,000, the lawyer would owe TxLRS a Referral Fee, from just this case, of $400 = (($6,000 - $2,000) x 10%).  Referral Fees are not computed on expense reimbursement amounts.  If the lawyer in this example did not participate in the TVA Program, their Referral Fee from this case would be $600 = ($6,000 x 10%).

(2)  Example 2:  If a Participating Lawyer, who also participates in the TVA Program, accepts a Referred Client on an hourly billed bases, and in quarter one is paid $900 and the lawyer volunteered 1 hour during the quarter, the lawyer owes no Referral Fees for this Referral for this quarter, because the Base Amount exceeded the amount of attorney fees received.  If the same Participating Lawyer is paid an additional $3,500 on the same Referral in quarter two and has a $3,000 Base Amount for quarter two, the lawyer would owe TxLRS $168 in Referral Fees for quarter two, $140 = ((($900 + $3,500) – $3,000) x 10%).  If the same Participating Lawyer is paid an additional $1,100 in quarter three and the lawyer’s Base Amount dropped to $2,000 for quarter three, the lawyer would owe TxLRS $252 in Referral Fees for quarter three, $210 = $350 - $140.   $350 = ((($900 + $3,500 + $1,100) – $2,000) x 10%).  During the three quarters this Participating Lawyer was paid a total of $5,500 and owed TxLRS a total of $350 in Referral Fees, which would be an effective Referral Fee rate of only 6.4%.

16.   REPORTING REQUIREMENTS

(a)   Participating Lawyers shall keep their contact information and related information current and up-to-date with TxLRS and shall provide related information as may be requested by the TxLRS.

(b)  Participating Lawyers shall report to the TxLRS on matters regarding Referred Clients in a timely manner as requested by the TxLRS.  This reporting shall include, but is not limited to:

(1)  reporting the status of any Referral;

(2)  reporting of any Referred Clients who engage or hire the Participating Lawyer;

(3)  reporting of any Referred Clients who engage or hire a lawyer to whom the Participating Lawyer referred or connected with the Referred Client, including co-counsel;

(4)  reporting of any and all payments from or related to any Referred Clients; and

(5)  reporting of any disputes or complaints made by or related to any Referred Client and involving the Participating Lawyer.

17.   CO-COUNSEL AND THIRD PARTY REFERRALS

(a)   Only a lawyer licensed by the State Bar of Texas and who has signed the TxLRS hold harmless agreement may conduct the consultation or represent the Referred Client. Utilization of co-counsel or referral of the Referred Client to another lawyer who is not a TxLRS Participating Lawyer is prohibited without prior written approval from the TxLRS.

(b)  If a Referred Client should ever ask the Referred Lawyer for legal assistance in an area of law that the Participating Lawyer does not practice or is not interested in taking on, or if a Referred Client asks for the name or referral of another lawyer, the Participating Lawyer shall advise the person to contact the TxLRS to get referred to another lawyer.  A Participating Lawyer shall not refer a Referred Client to another lawyer.

(c)   If a Participating Lawyer uses another lawyer as co-counsel, or directly or indirectly refers a Referred Client to any other lawyer, regardless of TVA Program participation, the Participating Lawyer shall be held liable to pay TxLRS for ten percent (10%) of the total attorneys’ fees over $1,000 that are recovered by both the Participating Lawyer and co-counsel or any other lawyer who was directly or indirectly referred by the Participating Lawyer. The Participating Lawyer shall give written notice of this requirement to co-counsel or any other lawyer to which it may apply, at the time the co-counsel relationship is established or another lawyer is in any way engaged.  Additionally, the Participating Lawyer shall promptly notify TxLRS in writing whenever any such co-counsel or referral lawyer is engaged.

18.   CONFLICT OF INTEREST

(a)   A Participating Lawyer will, promptly upon receipt of the Referral, notify TxLRS if the Participating Lawyer has a conflict of interest regarding any Referral.

19.   EXISTING CLIENT RELATIONSHIPS

(a)   If a Participating Lawyer has an existing client relationship with a Referral, the Participating Lawyer shall notify TxLRS in writing within five (5) calendar days of receiving the Referral and prior to meeting with or consulting with the Referred Client.  If the Participating Lawyer provides proper notification of an existing client relationship, then the Participating Lawyer will not be liable for any Referral Fees for said Referral.  However, if the Participating Lawyer does not provide proper notification of an existing client relationship, then the Participating Lawyer shall be liable for any and all Referral Fees for said Referral.  Any disputes regarding an existing client relationship shall be determined by TxLRS.

20.   DISPUTES AND COMPLAINTS

(a)   Participating Lawyers shall promptly, accurately and thoroughly report to TxLRS any dispute or complaint made by, or related to, any Referred Client and involving the Participating Lawyer.

(b)  Participating Lawyers shall cooperative with TxLRS, and in a responsive manner, regarding any investigation and/or attempted resolution of any dispute or complaint made by a Referred Client.

(c)   Any dispute concerning any fees and a Referred Client, or the operation of the service, shall be submitted to binding arbitration if requested by any party.

21.   HOLD HARMLESS

(a)   As a Participating Lawyer, and as a condition of receiving any Referral from TxLRS, the Participating Lawyer agrees and shall hold harmless and indemnify TxLRS and America Family Law Center, their directors, officers, employees, volunteers, committee members, and board members for any and all liability, loss, costs or damages that may be incurred as a result of or concerning any Referral or Prospective Client of TxLRS.

(b)  As a Participating Lawyer, and as a condition of participation and receiving any Referral from TxLRS, the Participating Lawyer agrees and shall under no circumstances hold, or claim to hold, TxLRS or America Family Law Center or any of their directors, officers, employees, volunteers, committee members, or board members liable in connection with: (a) the operation of the service; (a) the results of the service; (b) use of the information contained in the application or elsewhere in connection with the activities of TxLRS; or (c) any Referral or Prospective Client related matter.

22.   ACCESS TO RECORDS

(a)   Notice to Lawyer Applicants and Participating Lawyers:  The State Bar of Texas regulations require that, upon reasonable notice, all records and files of a certified lawyer referral service shall be open and subject to inspection and copying by the Stat Bar.  However, this provision does not require an attorney to disclose confidential information as defined in Rule 1.05, Texas Rules of Professional Conduct.

23.   AMENDMENTS AND MODIFICATIONS

(a)   TxLRS, and/or America Family Law Center, shall retain the right to amend or modify any of these Lawyer Rules at any time and at TxLRS or America Family Law Center's discretion.  Any amendment or modification should be in compliance with Chapter 952, Texas Occupations Code and comply with State Bar of Texas regulations.  Whenever appropriate or whenever a material change is made to these Rules, Participating Lawyers will be provided a minimum of thirty days’ notice  prior to the amendment or modification taking effect.