Top 5 Behaviors Likely to Generate a Bar Complaint
Tuesday, August 19, 2014

Douglas Chandler is an Atlanta attorney whose firm specializes in legal malpractice.  He has a most informative blog where he recently posted the five behaviors most likely to result in a bar complaint, based on his 15 years of experience defending attorneys against these complaints.

Here is his listFrazzled Man Answering Telephone with a few of my own comments woven in:

  1. Neglecting to return a client’s file.  If a client asks for their file, this can mean they have either decided to change counsel, not to pursue the matter or may want it because they believe they could have a claim against you.  You don’t want to delay returning their file, but you do want to review it before you return it and remove any personal notes.  You should also keep a copy for your own records.  When you send the file, include a letter noting that you are returning per their request and send it via a method that requires recipient signature.  End the relationship on a positive note if at all possible.

  2. Failure to communicate.  This is the #1 reason nationally for bar complaints.  Clients deserve and expect a prompt response to their questions, so you must have a process in place to respond appropriately.  Your being in court on another matter is not an excuse for poor communication!  Clients don’t care about anyone but themselves.  Be fully transparent, copying your client on all matters pertaining to their cases and, as Chandler advises, communicate early and often.

  3. Letting unqualified staff give legal advice.  Be sure your non-legal staff is fully trained on what they can and cannot do on your behalf and don’t allow anyone to sign your name to communication or documents that you have not seen. 

  4. Failing to observe conflicts of interest.  Before you discuss a new matter, be sure you do a conflict check within your firm before engaging in continuing representation.  If there is a slight conflict, be sure it is disclosed to all parties and have those parties sign the appropriate disclosures if applicable.

  5. Failing to communicate pricing policies.  Just like any other business, attorneys are allowed to raise their rates, but doing so without communicating that clearly to existing clients can be a big mistake.  Be sure each new client understands your pricing and billing procedures, including out-of-pocket costs that can add up quickly. 

Chandler urges all lawyers to use engagement letters with every client as well as disengagement letters when the relationship is terminated.   The nature of the work and the working relationship needs to be spelled out in order to avoid confusion over a potential implied relationship.

 

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