Annual Panel Renewal Application

Preamble:
Lubbock County and the LPDO Board of Directors have adopted requirements that attorneys must meet in order to receive court appointed assignments. Attorneys must demonstrate and maintain a professional practice that is dedicated to providing zealous representation to indigent defense. Attorney admittance onto the appointment list is subject to ongoing legal education requirements and periodic review.

The Chief Defender will either approve or decline your renewal application. If approved, you will receive an email from the approval form.

Please ensure you renew your annual membership with the Lubbock Criminal Defense Lawyers Association (LCDLA) to be eligible to remain on LPDO panel.

PANEL MEMBERS ARE INDEPENDENT CONTRACTORS.

The minimum requirements are:
(1) Licensed to practice law in the State of Texas.
(2) Principal or main office located in Lubbock County.
(3) Member in good standing with Texas State Bar.
(4) Member of the Lubbock Criminal Defense Lawyers Association.
(5) Minimum of 12 hours of mandatory CLE in criminal law within the past calendar year. (You may upload your MCLE State Bar Compliance Report to this form.)
(6) Compliance with TIDC reporting requirements for indigent practice percentages.
(7) Familiarity with case management software applications.

1. Representation as to Ability

Contractor represents that are licensed to practice law in Texas, is in good standing with the State Bar of Texas and meets the minimum requirements to be on the Lubbock County Private Panel as established by the Lubbock County/LPDO contract. Contractor further represents that Contractor is qualified for and has met the requirements for the level of offense that LPDO assigns Contractor. Contractor represents that Contractor will continue to comply with all ongoing continuing education and other requirements necessary to remain on the LPDO Panel for the duration of this contract unless said contract is terminated by either party.

2. Contractor Cooperation and Monitoring

All panel attorneys are private contractors for LPDO. Our goal is to be provide high-quality indigent defense representation, therefore, attorneys must strive to cooperate with performance evaluations, monitoring, best billing practices, and complaint monitoring.

3. Services to be Performed by Contractor

Contractor will provide High Quality Legal Services to indigent individuals charged with crimes in Lubbock County. Contractor understands that they will be assigned cases based on their level of experience or stated desire to be placed at a given point on the list. Contractor, Courts, Court Administration and Bond Companies will be notified of assignments by LPDO via e-mail. Contractor will only provide legal services in cases in which appointment of counsel is constitutionally required or statutorily permitted under Texas Code of Criminal Procedure Art. 26.04. Contractor may decline assignments when client caseloads have reached capacity or legal conflicts are identified. Contractor may be placed on hold at the discretion of the Chief Defender.

4. Compensation

Contractor will be paid for legal services performed by Contractor under this contract pursuant to rules adopted by the County Contract, and such rules are deemed incorporated into the terms of this Contract. Contractor shall use Contractor’s best efforts and legal ability on behalf of the client in each case undertaken and shall claim fees only for actual time and case-related expenses reasonably necessary to properly represent the client. These fees and expenses will be paid to the extent specified in rules adopted by LPDO. Cases that have not been billed 90 days after disposition will need approval by the Executive Director for payment and are subject to non-payment by LPDO.

5. Assignment

Contractor shall not assign, transfer, or otherwise dispose of the duties authorized under this contract to any person, firm, or other entity without the prior written consent of LPDO. Nothing in this provision is intended to prohibit Contractor from having another attorney serve as a temporary substitute counsel on behalf of Contractor so long as Contractor is at all times personally responsible for the representation of the client and ensures that substitute counsel is qualified to perform the work directed and that the client is effectively represented at all times.

6. Termination at Will

Either party may terminate this contract in whole or in part by giving forty-five (45) days written notice to the non-terminating party absent good cause shown. In the event of termination, LPDO shall determine whether the appointed attorney shall continue to handle cases to which the attorney was appointed by virtue of this Contract. Any continued services for such cases will be paid as provided herein.

7. Termination for License Suspension or Revocation

If Contractor is no longer permitted to practice law in Texas for any reason, including the suspension or revocation of the attorney’s license, this contract shall terminate immediately without notice. Upon termination of the contract, services to be performed by Contractor shall cease. All cases being handled by Contractor shall be returned to the
LPDO for reassignment.

8. Termination for Improper Billing Practices

LPDO may terminate this contract for improper billing practices if LPDO determines that the attorney has engaged in a pattern of willful, intentional, reckless, or negligent submission of false fee claims. Unless LPDO consents in writing to Contractor’s continued performance on a pending case, upon termination of the contract, services to be performed
by Contractor shall cease, and all cases being handled by Contractor shall be returned to LPDO for
reassignment.

9. Notices

Notices, approvals, and communications required by this contract shall be in writing
unless indicated otherwise in this Contract. “Writing” includes electronic documents and communication to the extent permitted by rules adopted by LPDO.