Information for Consumers

What is the Consumer Assistance Program (CAP)?
What does CAP do?
What doesn't CAP do?
What if I just want to file a complaint against an attorney?
How do people find out about CAP?
What other services does the State Bar of Georgia offer to consumers?
Does CAP assist attorneys as well as consumers?
Are CAP calls confidential?
How long are CAP records retained?
Is CAP successful in solving consumer's problems?
How can I get more information?

1. What is the Consumer Assistance Program (CAP)?

The State Bar's Consumer Assistance Program (CAP) helps people with questions or problems with their Georgia lawyer. When someone calls or writes the State Bar to complain about a lawyer, a member of the Consumer Assistance Program staff responds to the inquiry and attempts to identify the problem. Most problems can be resolved by providing information, calling the lawyer, or suggesting various ways of dealing with the dispute. We send a grievance form where serious unethical conduct may be involved.

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2. What does CAP do?

Here are some typical problems and what the Consumer Assistance Program does to help:

"I am having trouble getting a lawyer to handle my case."

"The lawyer won't return my calls." CAP will call or write and ask the lawyer to contact the client.

"I don't know what's happening to my case. I haven't heard from my lawyer for months." We will write or call and ask the lawyer to provide an update on the status of the case in a letter or call to the client.

"How do you fire your lawyer?" We suggest they call and make an appointment with the lawyer and try to work things out. If that doesn't work, write a discharge letter requesting return of the file, an itemized bill, and any client property or unearned fee.

"My former lawyer won't release the file." CAP will call the lawyer to help the client get the file.

"I need a transcript of my trial for a habeas corpus petition." We will write or call the former lawyer to help get the transcript and, where the defendant is incarcerated, refer them to the Center for Prisoners Legal Assistance for help with the petition.

"How do I get the court to appoint me a lawyer?" We advise clients to contact the court or the Georgia Public Defender Standards Council.

"A check on a lawyer's trust account bounced." CAP will send a grievance form and urge the client to get legal advice about how to recover the funds. If the lawyer is suspended or disbarred, we tell them about the State Bar of Georgia Clients' Security Fund.

"My lawyer came to court intoxicated." CAP will give the caller the toll free number to the Lawyer Assistance Program, which may arrange an intervention where it appears the lawyer is impaired by alcoholism or drug abuse.

"I want to file a complaint against the Judge." CAP tells the caller about the Judicial Qualifications Committee, which deals with complaints about judicial misconduct.

"The lawyer didn't pay my medical bills in a personal injury case." We ask the caller to look at the settlement statement. Did you tell your lawyer to pay your bills or to disburse all the money to you? In some cases, the lawyer offered to do that but the client said he would pay the bills. If there was a misunderstanding about who was to pay what, we try to improve lawyer-client communications.

"My lawyer's bill is too high!" CAP urges the client to look at the fee agreement, find out how much time the lawyer has worked on the case, and look at the file to see what work was done. If it looks like they are being charged for unnecessary work or work that wasn't done, write or meet with the lawyer to work out the fee dispute. If that doesn't work, call the State Bar's Fee Arbitration Program, if the amount in dispute is at least $750.

"Can my lawyer withdraw from the case?" Yes, most of the time. We talk with the client about the reasons for the lawyers withdrawal and the steps a lawyer must take to make sure it does not hurt the client.

"A lawyer was rude to me!" We explain that such behavior is unprofessional but it does not violate the Standards of Conduct that govern lawyer discipline in Georgia. We may call the lawyer to let them know we heard from an unhappy client.

"I heard a lawyer is engaged in illegal activity." If the caller has personal knowledge of such activity, report it to the appropriate authorities. What sort of crime is it? A misdemeanor or felony? Does it involve dishonesty or "moral turpitude?" Has a court found the lawyer guilty of a crime?

"A lawyer who represents a creditor is pestering me to pay up." CAP lets callers know that the opposing counsel is supposed to be a zealous advocate for his or her client. Get legal advice about how to respond to the demand for payment, particularly if you have a dispute about the amount owed. Find out about the Fair Debt Collection Practices Act and what you can do to make bill collectors stop bothering you. You can report any violations of that law to the Federal Trade Commission.

"I want to sue my lawyer for malpractice." We tell them that the disciplinary procedure of the State Bar does not recover money damages for the client but they should get legal advice about a malpractice claim. The local bar associations can give names of lawyers who handle such cases.

"My court-appointed lawyer provided ineffective assistance of counsel." While the State Bar does not have jurisdiction over claims of ineffective assistance, we can refer callers to legal services that help people file such claims.

"The lawyer settled my case without telling me." If that really happened, we send a grievance form to the client. In some cases, the client signed a release or the check, then wanted to renege on the settlement. We ask them about what they may have signed or what they told the lawyer when they heard about the offer.

"My spouse's lawyer said terrible things about me in divorce court!" We explain that unless the lawyer makes a willful misrepresentation of fact or law, there is nothing the Bar could do about that. However, if you can show from the transcript and other documents that the lawyer lied in court, file a grievance.

"I'm afraid to fire my lawyer because I paid a fee up front." CAP tells clients that lawyers must return any unearned fee when they are discharged or withdraw. So ask for an itemized bill and return of the unearned fee when you discharge them.

"The lawyer got my settlement funds three months ago and I still don't have any money." We ask whether there are any funds in dispute-legal fees or liens on the recovery-that may have caused the delay. If the client doesn't understand what's happening, we call the lawyer try to help work it out.

"My ex-spouse is a lawyer who is delinquent in paying child support." Once CAP receives a certified copy of an order by a Georgia Court pursuant to O.C.G.A. §19-6-28.1, CAP will notify the lawyer of the suspension of their license to practice. The suspension will be lifted once certain requirements are met in accordance with Bar Rule 1-209.

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3. What doesn't CAP do?

CAP deals with problems that can be solved without resorting to the disciplinary procedures of the State Bar, that is, filing a grievance. We do not get involved when a caller alleges serious unethical conduct, such as commingling of client funds. CAP cannot give legal advice but we can tell consumers where to go for help. Some consumers may have a separate right of action in law or equity and need independent legal advice. We have an extensive list of government agencies and nonprofit organizations that may provide services that meet callers' needs.

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4. What if I just want to file a complaint against an attorney?

We do our best to help consumers solve problems in other ways by improving lawyer-client communications and resolving conflicts through informal methods. Filing a grievance does not usually solve a client's problem. We try to find other ways. If however, we are unable to solve the problem, CAP staff will send a grievance form to the client, if it appears the State Bar has jurisdiction in the matter.

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5. How do people find out about CAP?

When people call the State Bar with a problem, their call is routed to CAP. Some people learn about CAP from family members or friends who have called before. CAP has a web site on the Internet. Several consumer publications refer to CAP, and referrals are made from Clark Howard's Consumer Hotline, the Governor's Office of Consumer Affairs, other consumer advocates, and local bar associations.

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6. What other services does the State Bar of Georgia offer to consumers?

CAP is a sort of clearinghouse for callers. We help identify the problem and which other department may be able to help: Fee Arbitration, Client Security Fund, Office of General Counsel, BASICS, or the Pro Bono Project. We are here to serve the public, as well as the State Bar.

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7. Does CAP assist attorneys as well as consumers?

Yes. We help lawyers by courtesy calls or letters when we hear from dissatisfied clients. We also give information and suggestions about effectively resolving conflicts in an ethical and professional manner. Most problems with clients can be prevented by returning calls promptly, keeping clients informed about the status of their case, explaining billing practices, meeting deadlines, and managing a caseload efficiently. In some cases, we refer lawyers to the State Bar's Law Practice Management Program, Lawyer Assistance Program, or the Ethics Hotline to get the information and help they need to better serve the public. CAP may also be helpful in resolving lawyer/lawyer disputes.

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8. Are CAP calls confidential?

Everything CAP deals with is confidential, except:

Where the information clearly shows that the lawyer has misappropriated funds, engaged in criminal conduct, or intends to engage in criminal conduct in the future;
Where the caller files a grievance and the lawyer involved wants CAP to share some information with the Office of General Counsel; or
A court compels the production of the information. The purpose of the confidentiality rule is to encourage open communication and resolve conflicts informally.

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9. How long are CAP records retained?

CAP inquiry records are usually destroyed after 30 days of the completion of the matter. Please do not send us any original documents.

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10. Is CAP successful in solving consumer's problems?

While CAP cannot successfully resolve every problem, we have handled thousands of inquiries since 1995. With a staff of five workers, including two lawyers, we deal with about 21,580 new requests for assistance (calls and letters) a year. We try to get back to callers within 24 hours and respond to letters within 10 days. Reports show that over 60% of caller's problems are resolved without having to use the disciplinary procedure (filing a grievance).

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11. How can I get more information?

Call the State Bar of Georgia at (404) 527-8759 or (800) 334-6865. Office hours are Monday - Friday, 8 a.m.- 5 p.m. E.S.T. The fax number is (404) 287-8390. You may also write to the following address:

State Bar of Georgia
Consumer Assistance Program
104 Marietta Street
Suite 100
Atlanta, Georgia 30303

For confidentiality reasons, CAP does not accept inquiries over the Internet.

Download a copy of the CAP Intake Form.