Information for Attorneys

Consumer Assistance Program Information for Attorneys

The Consumer Assistance Program: A Referee for Clients vs. Lawyers

Consider these two real-life scenarios:

Client repeatedly calls Attorney about the status of her case. Attorney will not call Client back with an update. Client leaves multiple messages for Attorney that are not returned. Client writes to Attorney without a response. Out of frustration, Client calls the State Bar of Georgia to complain.

Client fired his attorney and hired other counsel. Now Client's first attorney will not release the file to the new attorney although the case is ongoing. Client calls the State Bar for assistance.

These are two common situations which the Consumer Assistance Program of the State Bar of Georgia can usually resolve with a phone call. Prior to the existence of this valuable program, all callers who had complaints against their attorney were routed to the Office of the General Counsel (OGC) where the receptionist took their name and address and sent them a grievance form. There was no mechanism or personnel to assess each caller's situation and weed out those grievances which did not fall within the Bar's disciplinary jurisdiction from those which, if true, were violations of the Standards of Conduct. The average number of grievance forms mailed out annually was over 6,700.

Subsequently, a number of grievances were filed which were frivolous or beyond the scope of the ethical rules which govern the practice of law. The result was this-the client received a short reply from an OGC attorney informing them that their complaint was meritless under our system. Now, think how you would feel if you had just poured your anger and frustration into a grievance form, then had it dismissed with a form letter. You would be even more angry; but not only at your lawyer (or former lawyer), but now at the State Bar of Georgia, which in your mind is just protecting its own.

Now resume your role as an attorney. In some cases, grievance forms which were filed with OGC would be sent to the lawyer for response. How does this make you feel? Even in the cases where the lawyer explains his or her actions and the grievance is subsequently dismissed, the lawyer often feels animosity towards the State Bar for pursuing the investigation at all.

So instead of having lawyers and clients tackling one another, there is now a referee on the field to blow the whistle and call time out. The Consumer Assistance Program was created in an effort to improve the efficiency of the disciplinary system. Now all calls received by the State Bar switchboard complaining or questioning a lawyer's action are routed directly to the Consumer Assistance Program.

Today, approximately 2,000 inquiries a month about Georgia attorneys are routed to the Consumer Assistance Program. Since its inception in June of 1995, the Program has resolved many complaints to the satisfaction of clients and attorneys without the necessity of filing a grievance form.

Early Beginnings

The Consumer Assistance Program (CAP) began its life as the Central Intake Program. The name was eventually changed to be more illustrative of its purpose. CAP was recommended by the Bar's Strategic Planning Task Force and approved by the Board of Governors at the 1995 Annual Meeting.

Then-President, Robert W. Chasteen Jr. appointed a Special Overview Committee to draft Bar Rules and guidelines implementing the Program. After much hard work by the Committee, the proposed Consumer Assistance Program Bar Rules and guidelines were adopted by the Board of Governors. The Supreme Court of Georgia issued Bar Rules 12-101 et. seq. establishing the Program on June 13, 1997.

Serving the Public and the Bar

The Consumer Assistance Program ("CAP") has a dual purpose: assistance to the public and attorneys. CAP responds to inquiries from the public regarding State Bar members and assists the public through informal methods to resolve inquiries which may involve minor violations of the disciplinary standards by attorneys.

Assistance to attorneys is of equal importance. CAP assists attorneys as much as possible with referrals, educational materials, suggestions, solutions, advice and preventive information to help the attorney with a consumer matter. The Program pledges its best efforts to assist attorneys in making the practice of law more efficient, ethical, and professional in nature.

What to Expect

When the State Bar receives a call or letter from a person who expresses concern about the conduct of a Georgia attorney, the communication is directed to the CAP. CAP presently consists of two attorneys and three administrative assistants. CAP communicates by telephone or writing with the concerned party and attempts to informally aid the concerned party.

If the person is seeking general information only, or if it is clear to CAP that a referral to some community-based organization or information source is the most appropriate course of action, CAP provides all necessary information to the individual about those organizations or other sources of information.

If the person is concerned about an attorney's conduct, CAP first assists the person in focusing on the exact nature of the conduct which has caused the concern. CAP then may refer the call to other Bar programs such as Fee Arbitration, Clients' Security Fund, Law Practice Management Program, or Lawyer Assistance Program.

If the attorney's conduct appears to be a minor violation of the Standards of Conduct, CAP may attempt to resolve the complaint by contacting the attorney involved and conducting other limited investigations necessary to resolve the matter.

No Intervention in Serious Disciplinary Matters

In accordance with the Bar Rules adopted by the Georgia Supreme Court, CAP does not intervene in a complaint where the attorney's conduct is not a minor violation of the Standards of Conduct. A "minor violation" is conduct that does not warrant a sanction restricting the attorney's license to practice law. Conduct shall not be considered a minor violation if any of the following considerations apply:

the misconduct involves the misappropriation of client funds;
the misconduct results in or is likely to result in substantial harm or prejudice to the client or other person;
the misconduct is of the same nature as misconduct for which the attorney has been disciplined in the last two years and the CAP counsel does not feel intervention would be appropriate;
the misconduct involves dishonesty, deceit, fraud or misrepresentation by the attorney; or
the attorney is engaging or intends to engage in criminal conduct.

Where the caller's complaint is about a serious disciplinary matter, the caller will immediately be sent to the Office of General Counsel for the filing of a grievance form pursuant to the Disciplinary Rules.

Referral to the Office of General Counsel

Unfortunately, not all CAP interventions are successful. If a CAP intervention is unsuccessful, the caller may be sent to the Office of General Counsel for the filing of a grievance. Further, in the event a caller or Bar member who is the subject of an inquiry disagrees with the voluntary resolution recommended by CAP, the individual may be referred to the Office of General Counsel for further screening.

Inquiries are Confidential

All CAP investigations and proceedings are confidential unless the affected attorney otherwise elects. Information is not disclosed to the Office of General Counsel unless:

the information clearly shows the attorney intends to engage in criminal conduct in the future;
the information clearly shows that the attorney has misappropriated funds or engaged in criminal conduct;
the caller files a grievance and the affected attorney consents in writing to the release of the information; or
as otherwise provided by Bar Rule 12-107.

Truthful and accurate public statements about a CAP proceeding are permitted by Bar Rule 12-107.

Enforcement of Failure to Pay Child Support Rule

CAP also enforces Bar Rule 1-209, which requires attorneys to pay delinquent child support or face license suspension. Attorneys can return to good standing by paying the court ordered child support and an administrative fee. Suspensions under this Bar Rule are similar to administrative suspensions for failure to pay Bar dues or complete CLE hours.

A Track Record of Successful Problem Solving

The Consumer Assistance staff has handled thousands of inquiries since the Program began in 1995. The Consumer Assistance Program of the State Bar of Georgia is just another way that the State Bar is assisting the public and Bar members.

Clients benefit by:

immediate response to their complaints;
many minor disagreements are taken care of even though they may not be strictly within State Bar jurisdiction;
referral to other agencies that can help.

Attorneys benefit by:

significant decrease in the number of grievance forms requested by complainants;
fewer grievances filed against attorneys;
help resolving client dissatisfaction by use of nothing more than a letter or simple phone call;
relief from responding to frivolous grievances which unnecessarily consume time, money and peace of mind.

So if you receive a call from the CAP staff, please remember that they are trying to resolve minor disputes to everyone's benefit.

For more information or assistance please contact the Consumer Assistance Program of the State Bar of Georgia at (404) 527-8759, (800) 334-6865 ext.759, or fax (404) 287-8390. Office hours are Monday - Friday, 8 a.m. - 5:30 p.m., except holidays.