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Client-Attorney Assistance Program (CAAP)
Director: Bennie M. Ramirez What is CAAP?
CAAP is a statewide dispute resolution program and service of the
State Bar of Texas. It is available to the public and the State Bar members
(attorneys). The program was launched on Sept. 27, 1999. CAAP may
be reached from anywhere in the United States by calling (800) 932-1900.
The objectives of CAAP are to: - Assist clients and attorneys in resolving minor problems
affecting their relationships when the issues do not involve misconduct
under the Texas Disciplinary Rules of Professional Conduct(PDF).
- Make referrals to appropriate State Bar of Texas departments,
local bar associations, and other community and State of Texas agencies
that will be able to serve those persons who contact CAAP for assistance.
- Support the attorney disciplinary process by providing
grievance process information and grievance forms upon request.
- Gather and analyze data about the types of issues and trends
that affect client and non-client relationships with attorneys.
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How CAAP Helps
CAAP is designed to assist the public and Texas attorneys in resolving
disputes that can be resolved without filing a grievance with the Chief
Disciplinary Counsel. If the caller describes conduct that appears to violate
the Texas Disciplinary Rules of Professional Conduct, CAAP will not
get involved. Instead, CAAP provides grievance
forms (PDF) to those who wish to report misconduct or describe misconduct
or unethical behavior that violates the Texas
Disciplinary Rules of Professional Conduct (PDF). CAAP staff
also answers questions about the grievance process and how to organize information
to include in a complaint when completing the grievance forms.
CAAP also refers people to legal resources that can best address
their concerns. CAAP often provides information about the legal system,
but the staff cannot give legal advice or suggest courses of action in pending
or proposed litigation. When a caller needs specific legal advice, CAAP
urges that person to consult with a lawyer.
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Confidentiality
All calls to CAAP are handled confidentially. However, if the caller
files a bar complaint and the lawyer involved wants CAAP to share information
about the caller's concerns with the Chief Disciplinary Counsel, CAAP
will provide the information requested. Likewise, if there is a court order
compelling CAAP to release information, CAAP may be required
to produce the information requested.
Records created by CAAP are retained up to six months in order to
assist callers and attorneys in the dispute resolution process to the greatest
extent possible. After six months, the records are destroyed, unless there
are other reasons to maintain the file.
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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.
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 sponsored by a local bar association or a community
Dispute Resolution Center.
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 of Texas, the Chief Disciplinary
Counsel may be able to discipline the lawyer.
The
problem: “Can the 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. 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 on request.
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Program Statistics and Reporting
CAAP compiles statistics monthly and reports to the State Bar of
Texas leadership. 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. Each month: - CAAP staff members often respond to more than 100
first-time callers per day, or 2,000 calls per month.
- CAAP opens 80 files for dispute resolution.
- CAAP provides grievance forms
to one-third of all callers who contact the State Bar of Texas and grievance
process information to thousands more.
- CAAP refers 25% of all callers to local bar Lawyer
Referral Information Service programs or fee
dispute committees, State Bar of Texas departments, or other community
or State of Texas agencies.
- CAAP offers bilingual services to the Spanish-speaking
community, which comprises 27% of the population of the State of Texas.
To Contact CAAP and the Grievance
Information Hotline:
| By telephone: | (800)932-1900 OR (800)204-2222,
EXT. 1790 | | By letter: | Attention: CAAP
P.O. Box 12487
Austin, TX 78711-2487 |
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