Every program surveyed has a procedure by which cases are reviewed for legal accuracy, and feedback is provided to the staff. Nearly all hotlines review cases on a daily or near-daily basis. There is general agreement that longer and more detailed case notes are the best practice for ensuring quality review. For Kansas and SALA more supervision and review is provided at the beginning of employment. New attorneys at CLEAR have their case printouts reviewed daily at first, and randomly thereafter.

The programs in Georgia, Kentucky, Washington, D.C., and Pennsylvania review all cases daily. CARPLS reviews every case within the week it is opened. Both CARPLS and Michigan use a peer review system, but Michigan also uses an experienced private practice attorney who acts as the final decision-maker should there be a dispute about the advice given within the review team.

B. Conflicts of Interest

Most programs, with the exception oft the Legal Hotline for Older Texans, conduct a computerized conflicts check immediately before service is provided. The Texas hotline checks the database only after the interview has revealed that the adverse party is a fellow Texan over the age of 60. If a conflict is detected, clients are disengaged.

The Maine Legal Services for the Elderly Hotline will look further into the situation before disengaging a possible conflict. If the adverse party is a vulnerable older adult whose interests are unrepresented, who is not likely to have access to legal assistance, and who might be detrimentally affected by the advice given to the caller, the hotline attorney does not have to accept the first caller as a client. It is important to terminate calls with individuals who are not going to receive services before an attorney-client relationship is formed, particularly if the program may want to represent the adverse party.

Programs use different protocols used to screen for conflicts. The Southwest Michigan Legal Helpline screens all clients for the two previous years, but screens for six years if the client has received extended services.

Most programs insist on speaking with the client and not a third party caller. Exceptions may be made if the client has a language difficulty or is otherwise incapacitated. Since many of the hotlines surveyed specialize in assisting the elderly, incapacity is an important issue. Upon receipt of a third party call, many hotlines will ask to speak to the party who is the subject of the inquiry. If that is possible, they proceed to handle the call with the actual client or at least at the client’s permission to speak to the third party. If that is not possible, many programs stated that they examine the best interests of these clients, as well as the intentions of the caller to determine whether or not to speak with the third party. If the caller does not pose a conflict issue regarding the client, hotlines will usually proceed to advise him. Callers should always be advised about a program’s priorities and how they relate to the reason for the call. In incapacity cases, LASH will open a file for the applicant, but not the third party, so that a conflict of interest will not prevent the applicant from receiving service in the future.

C. Protecting the Agency and the Client

All agencies responded that their quality control measures are adequate in protecting both the agency and the client. However, LASH responded that “if anything, we go too far in protecting the agency rather than the clients. The rules of professional responsibility were not written for our clients.” CARPLS responded in a similar vein by stating “this is such a new way of providing services that the traditional conflicts rules do not translate well to our work.”

The ABA Standing Committee on the Delivery of Legal Services has drafted Standards for the Operation of a Telephone Hotline Providing Legal Advice and Information. This is a preliminary effort to set forth standards for legal hotlines covering the full range of their operations. This draft was issued in July 2000 and the committee is seeking comments and opinions from the hotline community. Read or download the standards at www.equaljustice.org.