HAVING LAWYER TROUBLE?
While Lawyer Trouble may raise its ugly head in several ways, these six are the most common!
1. When the lawyer doesn’t timely, if ever, return the client’s phone calls!
Disciplinary Rules in Texas and in most States require the client’s lawyer to keep the client reasonably informed about the status of the matter and promptly comply with requests for information.
2. When the lawyer doesn’t appear to be working on the client’s case!
Lawyers are forbidden to neglect the client’s case.
3. When the lawyer’s charges appear to be outrageous for the services rendered!
Lawyers cannot charge clearly unconscionable fees.
4. When the lawyer has settled the client’s case but the client has not received the client’s portion of the settlement!
Lawyers must promptly deliver received funds belonging to the client.
5. When the lawyer has withheld funds from the client’s settlement to pay third parties (such as medical providers) but fails to pay them!
Lawyers are required to promptly pay any third party funds belonging to the third party.
6. When the lawyer refuses the client’s request for the return of the client’s file after being fired!
Lawyers are mandated to surrender to the client all papers and materials which are or will be helpful to the client.
To remedy these troublesome problems or other lawyer disputes in Texas, after failing to resolve the problem with the lawyer, the client may want to contact the Client Attorney Assistance Program (800-932-1000) with the hope that the CAAP–without charge to the client— can contact the lawyer for an easy solution.
If the CAAP cannot reach a satisfactory solution with the lawyer, or if the client doesn’t want to wait on the CAAP’s attempts, then the client can file a Grievance Complaint with the local Grievance Committee.
The Texas Disciplinary Counsel’s Office (800-932-1000), without charge, will provide the client with the necessary information to file a Grievance Complaint and explain the Disciplinary Process. The client is free to hire the client’s own lawyer at the client’s expense to pursue the matter.
The State Bar of Texas provides a free and helpful pamphlet, “Attorney Complaint Information.”
Most States provide similar information when client’s face lawyer trouble.
