How To Start and Manage A Successful Consumer Law Practice; Doing It Ethically - Avoiding Malpractice
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1) The document discusses how to avoid malpractice and disciplinary complaints as an attorney. It notes that every new attorney licensed after 1999 will likely have at least two disciplinary complaints against them. 2) It reviews the top 10 rule violations that attorneys receive complaints about, with neglect being the most common at 46%. It provides tips on reporting misconduct and resources for attorneys to assist with issues. 3) The presentation emphasizes the importance of competent representation, communication with clients, avoiding conflicts of interest, properly handling fees and client property, and not neglecting client matters. It aims to help attorneys start and manage a successful consumer law practice while staying out of disciplinary trouble.
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![HOW TO START AND MANAGE A SUCCESSFUL CONSUMER LAW PRACTICE SPEAKER: Robert S. Bob Bennett [email_address] The Bennett Law Firm, P.C. 515 Louisiana, Suite 200 Houston, Texas 77002 (713) 225-6000 www.bennettlawfirm.com & www.bennettlawfirmmed.com DOING IT ETHICALLY AVOIDING MALPRACTICE](https://image.slidesharecdn.com/bobbennettuhlcgrievancepresentation-124466410836-phpapp02/85/How-To-Start-and-Manage-A-Successful-Consumer-Law-Practice-Doing-It-Ethically-Avoiding-Malpractice-1-320.jpg)
![As an attorney, Santos is presumed to be familiar with the provisions in the Rules of Disciplinary Procedure SANTOS v. COMMISSION FOR LAWYERS DISCIPLINE, 2004 WL 1116996 (Tex. App. Houston [14th Dist.] May 20, 2004). 4](https://image.slidesharecdn.com/bobbennettuhlcgrievancepresentation-124466410836-phpapp02/85/How-To-Start-and-Manage-A-Successful-Consumer-Law-Practice-Doing-It-Ethically-Avoiding-Malpractice-5-320.jpg)
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How To Start and Manage A Successful Consumer Law Practice; Doing It Ethically - Avoiding Malpractice
- 1. HOW TO START AND MANAGE A SUCCESSFUL CONSUMER LAW PRACTICE SPEAKER: Robert S. Bob Bennett [email_address] The Bennett Law Firm, P.C. 515 Louisiana, Suite 200 Houston, Texas 77002 (713) 225-6000 www.bennettlawfirm.com & www.bennettlawfirmmed.com DOING IT ETHICALLY AVOIDING MALPRACTICE
- 2. Protecting the Public 2007 08 Snapshot 1
- 3. Thomas Watkins, Commission for Lawyer Discipline Member Estimates that every new attorney licensed after 1999 will have at least two disciplinary complaints filed against them during their career. 2
- 4. Grievances Filed Compared With Attorney Growth Under Current Rules 3 7,780 7,494 6,954 7,308 Grievances 77,056 77,934 80,094 81,601 Lawyers 2004 -05 2005 - 06 2006 - 07 2007 - 08 Year
- 5. As an attorney, Santos is presumed to be familiar with the provisions in the Rules of Disciplinary Procedure SANTOS v. COMMISSION FOR LAWYERS DISCIPLINE, 2004 WL 1116996 (Tex. App. Houston [14th Dist.] May 20, 2004). 4
- 6. State Bar of Texas Attorney Disciplinary System Dismissed Inquiry BODA (Complainant Appeals) Investigatory Hearing Texas Supreme Court Evidentiary Hearing District Court Board of Disciplinary Appeals Court of Appeals BODA (Respondent Appeals) Dismissed No just cause Grievance Complaint Classification Just Cause Accept. Reject or Negotiate Grievance 5 Pre-HB 599 procedure
- 7. State Bar of Texas Attorney Disciplinary System Grievance Dismissed Inquiry BODA (Complainant Appeals) Referred to voluntary mediation BODA (Respondent Appeals) Grievance Complaint Investigatory Hearing Dismissed no just cause Dismissed Mandatory Referral to voluntary mediation Evidentiary Hearing District Court Board of Disciplinary Appeals Court of Appeals Summary disposition Panel Hearing** Notice Letter * Respondent may or may not have an opportunity to discuss the case with the OCDC ** Respondent & complainant NOT present OCDC Investigation* OCDC finds no just cause OCDC finds Just cause Texas Supreme Court New procedure 6
- 8. Summary of Evidentiary Hearing Private reprimand only available if Evidentiary Hearing is chosen Rocket Docket, compared to civil trial Limited discovery Private unless public reprimand Prosecution oriented 7
- 9. Civil Trial Rules of Civil Procedure & Evidence apply Option for jury trial No private reprimand available More expensive 8
- 10. Top 10 Rule Violations 9
- 11. Advertising & Solicitation 1% Lawyer Advertising is regulated by Part VII of the Texas Disciplinary Rules of Professional Conduct. Regulations are implemented and enforced by the Advertising Review Committee and the Advertising Review Department of the State Bar of Texas. Purpose: To protect the public from lawyer advertising that is false, misleading or deceptive. 10
- 12. Tribunals 2% 3.01: Meritorious Claims and Contentions 3.02: Minimizing the Burdens and Delays of Litigation 3.03: Candor Towards the Tribunal 3.04: Fairness in Adjudicatory Proceedings 3.05: Maintaining Impartiality of Tribunal 3.06: Maintaining Integrity of Judicial System 11
- 13. Non-Client Relationships 3% 4.01: Truthfulness in Statements to Others 4.02: Communication with One Represented by Counsel 4.03: Dealing with Unrepresentative Person 4.04: Respect for Rights of Third Persons 12
- 14. Conflicts 3% 1.06: Conflict of Interest: General Rule 1.07: Conflict of Interest: Intermediary 1.08: Conflict of Interest: Prohibited Transaction 1.09: Conflict of Interest: Former Client 13
- 15. Fees 6% 1.04: Fees Illegal or Unconscionable Fee Contingency Fees Division of a Fee Refundable vs. Non-Refundable Retainers 14
- 16. Its from my attorney. 15
- 17. Communication 8% 1.03: Communication A lawyer shall keep a client reasonably informed about the status of a matter and properly comply with reasonable requests for information A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. 16
- 18. Integrity 9% 8.01: Bar Admission, Reinstatement, and Disciplinary Matters 8.02: Judicial and Legal Officers 8.03: Reporting Professional Misconduct 8.04: Misconduct 8.05: Jurisdiction 17
- 19. Safe keeping Property 11% 1.14 Trust Accounts 18
- 20. Declining or Terminating Representation 11% 1.15(d): Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a clients interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee that has not been earned. 19
- 21. Neglect 46% 1.01: Competent and Diligent Representation (b) In representing a client , a lawyer shall not: (1) Neglect a legal matter entrusted to the lawyer; or (2) Frequently fail to carry out completely the obligations that the lawyer owes to a client or clients. (c) As used in this Rule neglect signifies inattentiveness involving a conscious disregard for the responsibilities owed to a client or clients. 20
- 22. Helpful Hints Reporting actionable/grievable conduct: 1-800-932-1900 or www.TexasBar.com Ethics Opinion Ethics Hotline: 1-800-532-3947 or www.TexasBar.com No written opinion but can send letter of confirmation as to what you were told. Client Security Fund through office of Chief Disciplinary Counsel Grievance must be filed. 1-877-953-5535 Maureen Ray, Brochure www.TexasBar.com 21
- 23. Helpful Hints Cont. Referral Option handled by CAAP when case dismissed. Client Attorney Assistance Program (CAAP) In 2007-2008 CAAP contacted 44,222 Resolution: 1,031 w/o formal action Major Complaint: Neglect & Communication Advertising Review Committee Texas Lawyers Assistance Program Commission for Lawyer Discipline Annual Report 2007-2008 www.TexasBar.com/cdc 22
- 24. If you want my advice, any man who represents himself, or engages me to represent him, has a fool for a lawyer. 23