For The Public
Examples of the Assistance CAAP Offers
The problem: "How do I find a lawyer to handle my
case?”
The options: The State Bar Lawyer
Referral Information Service or the nearest local bar
association can provide the caller with names of attorneys in their
area. A modest fee for an initial consultation gives the caller an
opportunity to determine whether that lawyer is someone they may wish to
hire. To learn if the lawyer is “board certified” the caller
may contact the Texas
Board of Legal Specialization.
The problem: “ My
lawyer does not return phone calls.”
The
options: CAAP asks what steps the client has already taken to
resolve this issue. If leaving messages with the lawyer’s staff or
voice mail has not prompted a reply, CAAP will usually suggest
that the client write a letter to the attorney, send it by certified
mail, and ask that the lawyer respond within a certain but reasonable
time. If the lawyer does not respond, the client can provide a copy of
their correspondence to CAAP and one of the staff attorneys will
contact the lawyer on the client’s behalf and request that the
lawyer contact to the client and respond to the client’s
concerns.
The problem: “It’s been months and
I want to know what is happening in my case.”
The options: CAAP would offer the same suggestions and
options to this client as the client whose attorney does not return
phone calls (see above). If telephone calls have not worked, the client
is urged to write to the lawyer with their questions, ask for a reply
within a certain but reasonable time, and send the letter by certified
mailed. When the time period expires, CAAP will the contact the lawyer
on the client’s behalf.
The problem: “I
can’t believe this bill! It’s outrageous!”
The
options: CAAP first determines whether there is a fee agreement
that may provide some guidance in understanding the services and costs
for which the caller is being billed. CAAP will also ask what the caller
has done to address the bill with the attorney. If the caller has not
already discussed the issue with the attorney, the caller is urged to
look at the bill to ascertain if there are any obvious mistakes, and
then make an appointment to address any questions about the bill and the
services provided. CAAP will explain that the rules of professional
conduct prohibit illegal or unconscionable fees, and that the grievance
process is available to address those concerns. CAAP will also refer the
caller to the fee
dispute process sponsored by a local bar association or a community
Dispute Resolution Center.
The problem: “How can I
change my lawyer?”
The options: CAAP will suggest
that the client make an appointment to meet with the lawyer or send the
lawyer a discharge letter by certified mail. In the letter the client
should also ask that his or her client file be returned by delivering
the file to the client or making it available for pick-up, that the
lawyer provide an itemized bill of the lawyer’s time and expenses
incurred, and that the lawyer return any property or unearned fees that
the client previously paid to the attorney.
The problem:
“My lawyer refuses to deliver my client file [or return property
or unused fees paid in advance.]”
The options:
CAAP will determine the steps the client has already taken to resolve
the problem and offer to contact the lawyer on the client’s behalf
for the release of the file and any property and unearned fees that
belong to the client. CAAP will also inform the caller about the
grievance process and the applicable rules of professional
conduct.
The problem: “My lawyer settled my case without telling
me!” Or, “my case settled months ago and I haven’t
received my settlement check.” Or, “ my case settled months
ago and the doctors are still sending me bills!”
The
options: CAAP will explain to the client that the rules of
professional conduct require that the lawyer consult with the client
before accepting any settlement on the client’s behalf. CAAP will
endeavor to determine what did occur by asking about the settlement
process and the nature of papers that the client may have signed. If it
appears the lawyer did settle the case without the client’s
consent, CAAP will send a grievance form to the client.
When
cases have settled with the client’s consent, but distribution of
the settlement appears to be delayed, CAAP will ask the client about the
circumstances to explore whether there may be a legitimate reason for
the delay, such as a dispute over fees or the existence of a medical
provider or other lien that is being negotiated. CAAP will also ask
about the settlement statement and any agreements between the client and
the lawyer regarding payment of bills to medical providers. CAAP will
offer to contact the lawyer on the client’s behalf to determine
the reason for the delay. If fees are the issue, CAAP will refer the
client to the fee
dispute process.
The problem: “The lawyer is
withdrawing from my case.”
The options: CAAP will
explain that lawyers may withdraw from representation under many
circumstances. Efforts will be made to determine what lead up to the
lawyer determining to withdraw and the steps that the lawyer has taken
to protect the client’s interests. CAAP will explain the
lawyer’s obligations when withdrawing and that if a lawsuit was
filed, the lawyer must file a motion to withdraw with the court. CAAP
will tell the caller that it is within the judge’s discretion to
grant or deny the lawyer’s motion to withdraw and that the client
has the right to object to the motion to withdraw.
The problem: “My lawyer is engaged in illegal
activity!”Or, “my lawyer was arrested!”
The options: When a caller has first-hand information about
criminal activity, CAAP urges that caller to contact the appropriate law
enforcement agency. If the lawyer has stolen or embezzled client money,
CAAP will send a grievance form to that person. If the lawyer is
arrested and later convicted of a serious crime in or outside the state
of Texas, the Chief Disciplinary Counsel may be able to discipline the
lawyer.
The problem: “Can the State Bar sue my lawyer for
malpractice?”
The options: CAAP will explain to
the caller that while malpractice and professional misconduct present
different issues, sometimes the conduct that amounts to malpractice may
also be the basis for disciplinary action against a lawyer. The State
Bar can discipline a lawyer for conduct that violates the Texas
Disciplinary Rules of Professional Conduct (PDF). Legal
malpractice is often defined as the legal professional's failure to
exercise the knowledge, skill, and ability ordinarily possessed and
exercised on behalf of a client. The State Bar of Texas cannot sue
lawyers for malpractice, or recover money damages for clients. The
caller is urged to consult private counsel for advice regarding legal
malpractice and may be referred to the Lawyer
Referral Information Services to locate a lawyer to sue another
lawyer for malpractice.
The problem: “The lawyer
has not paid for my services.”
The options: CAAP occasionally receives calls from court
reporters, medical providers, and expert witnesses to whom the lawyer
provided a signed lien or assignment or guarantee of payment from a
client's settlement. Because the State Bar of Texas is not a collection
agency, it cannot collect “third party” debts or bills. CAAP
will explain that “creditor’s” options are often
through normal collection procedures, which may involve litigation. CAAP
will contact the attorney to inform that attorney about the
creditor’s contact with the State Bar regarding the unpaid
obligation. A grievance form will be provided to the caller upon
request.
Program Statistics and Reporting
CAAP compiles statistics monthly. The data provides valuable information about how Texas attorneys can better serve their clients, the public, and the profession. CAAP integrates the data into educational materials for attorneys and the public.
- CAAP staff members responded to approximately 169 contacts
daily, or 4069 contacts in October 2010.
- CAAP opened and processed approximately 95 new dispute
resolution files in October 2010.
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Related Information
Grievance Oversight Committee of the Texas Supreme Court
The Grievance Oversight Committee is a panel of volunteers comprised of six attorneys and three members of the public appointed by the Texas Supreme Court. The Committee is charged with reviewing the operation of the attorney-client grievance process and reporting its observations and recommendations to the Court.
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