The Consumer Assistance Program of The Mississippi Bar is designed to assist consumers and attorneys with problems that may arise during the lawyer/client relationship.  The program receives telephone calls, mail requests and in-person requests and inquiries for information or assistance and performs an initial intake on most complaints about Bar members from the general public.

Below you will find Frequently Questions and Answers (FAQ) that may provide more information or help answer questions that you may have:

 FREQUENTLY ASKED QUESTIONS
ABOUT THE MISSISSIPPI BAR’S
CONSUMER ASSISTANCE PROGRAM

By Glen Waddle, Consumer Assistance Program Director & Counsel

What is the Consumer Assistance Program?
The Mississippi Bar’s Consumer Assistance Program (CAP)  helps people with questions or problems with Mississippi Attorneys.  When someone calls or writes The Mississippi Bar to complain about a Mississippi lawyer, the Consumer Assistance Program responds to the inquiry and attempts to identify the problem.  Many problems can be resolved by providing information, contacting the attorney, or suggesting ways in which to resolve the dispute.  The general public is usually provided with a Request for Assistance form to contact the Consumer Assistance Program, but the form is not required as the CAP responds to all phone calls and written correspondence sent to The Mississippi Bar offices regarding complaints or inquiries.

What does the CAP do?
Here are some typical problems and what The Mississippi Bar’s Consumer Assistance Program does to help:
 
I am having trouble getting a lawyer to handle my case.
By policy of The Mississippi Bar, the CAP cannot refer callers to a lawyer in any manner.
 
The lawyer won’t return my calls.
The CAP will call or write and ask the lawyer to contact the client.  The CAP usually recommends that the client write the lawyer a letter, sent by certified mail, return receipt requested, asking the attorney to contact the client within seven (7) business days.  If the lawyer does not respond in the 7 business days, the CAP asks the client to contact the CAP office or  send a copy of the letter with the client’s name, address, and phone number, and the CAP will contact the lawyer.

I don’t know what’s happening to my case.  I haven’t heard from my lawyer in months. 
Using the procedure outlined in the last question, the CAP will contact the lawyer and request immediate contact with the client to provide the client with an update on the status of the case.  Communication problems can result in a bar complaint being filed against the attorney.
 
How do you fire your lawyer?
We suggest that they meet with the lawyer through an appointment or write the attorney a discharge letter sent by certified mail, return receipt requested, asking for the file to be returned, an itemized bill of the lawyer’s time and expenses, and the return of any of the client’s property or unearned fee within 7 days.  If the attorney does not respond within 7 days, the client or consumer should contact the CAP office for further options.

My former lawyer won’t release the file.
The CAP will call or write the lawyer to help the client get the file under the ethics opinions of The Mississippi Bar.

I need a transcript of my trial.
Trial transcripts are prepared by court reporters who took down the testimony and  recorded all proceedings related to the trial.  If the lawyer who handled the trial has a spare copy of the transcript, the lawyer may provide the transcript provided copying costs are paid.  If the client is an indigent criminal defendant, the transcript can be obtained from the clerks of the Circuit Court or the Mississippi Supreme Court.  Otherwise, clients will have to pay for extra copies through the court reporter or the court clerks.  The CAP may contact the lawyer involved for any communication problems that arise from transcript requests.
 
How do I get the court to appoint me a lawyer?
Appointing attorneys to indigent criminal defendants is handled solely by the Circuit Court or Mississippi Supreme Court.  The Mississippi Bar does not appoint, assign, refer, or recommend attorneys to any one in any type of case, civil or criminal.
 
A check on a lawyer’s trust or escrow account bounced.
The CAP will immediately send a bar complaint form and urge the client to seek legal advice about how to recover the funds through a private attorney or the District Attorney’s Bad Check Unit.  If the lawyer is suspended or disbarred, the CAP provides them with information and forms about The Mississippi Bar’s Client Security Fund.

My lawyer came to court intoxicated.
The CAP will give the caller the toll free number to the Lawyers and Judges Assistance Program, which deals with problems that arise when it appears the lawyer is impaired by alcoholism, drug abuse, depression, or mental illness.
 
I want to file a complaint against the Judge.
The CAP tells the caller about the Mississippi Commission on Judicial Performance, which deals with complaints about judicial misconduct.
 
The lawyer didn’t pay my medical bills in a personal injury case.
We ask the client to provided specific information about the settlement of the case including the disbursement documents and the agreement between the client and the lawyer as to the fee payment arrangements.

My lawyer’s bill is too high...
My lawyer refuses to give me a refund after I fired him.
The CAP urges the client to review the fee agreement (if one exists), find out how much time the lawyer has worked on the case, and look at the file to see what work was done.  The client is also asked to obtain an itemized statement of the lawyer’s time and expenses on the case.  If the client and lawyer cannot resolve the fee dispute, the CAP provides the client with forms to file a fee dispute petition with The Mississippi Bar’s Fee Dispute Committee, a voluntary arbitration procedure.  The CAP also points out to attorneys Ethics Opinion #250 which deals with non-refundable retainers and a client requesting an itemized statement of time and expenses and a refund of the unused portion of any retainer paid by the client.

Can my lawyer withdraw from the case?
Yes, most of the time.  We talk with the client about the reasons for the lawyer’s withdrawal and the steps a lawyer must take to make sure the client is not damaged.  If a court case has already started, the lawyer must file a motion to withdraw to be removed from the case.  Judges have the discretion to grant or deny the motion to withdraw and the client is usually provided an opportunity to appear at a hearing on the motion and advise the court as to the nature of the problem with the request to withdraw.

A lawyer was rude to me!
The CAP explains that this behavior is certainly unprofessional, but it does not rise to the level of an ethical violation.

I heard a lawyer is engaged in illegal activity.
The Mississippi Bar is not a law enforcement agency.  If the caller has personal knowledge of illegal activity, the CAP advises the person to report the activity to the appropriate authorities.  If the activity, however, involves embezzlement of a client’s funds, the client will be sent a bar complaint form immediately.  Mississippi lawyers are subject to disciplinary action if they are convicted of a felony offense.

A lawyer who represents a creditor is pestering me to pay up.
The CAP advises the caller that the opposing counsel is supposed to be a zealous advocate for his or her client.  The Fair Debt Collection Practices Act protects persons in collection matters and violations of that law may be reported to the Federal Trade Commission.

I want to sue my lawyer for malpractice.
The Mississippi Bar is not a court of law and does not handle malpractice cases, which are civil lawsuits.  The disciplinary procedure of The Mississippi Bar does not recover money damages for clients.  The client is advised to hire a private attorney to begin the lawsuit.

My court appointed attorney provided me with ineffective assistance of counsel.
Ineffective assistance of counsel claims are common in criminal cases when a criminal defendant is attempting to overturn a guilty plea or conviction by trial.  Ineffective assistance of counsel is primarily a legal defense used in appeals and post conviction relief petitions (or habeas corpus motions in federal court).    Since The Mississippi Bar is not a court of law, it has no jurisdiction over claims of ineffective assistance of counsel.  If the client believes that a lawyer has violated the Rules of Professional Conduct, however, the CAP will send out a bar complaint form to file with the Office of General Counsel.

The lawyer settled my case without telling me.
If that event really happened, the CAP will send a bar complaint form to the client.  In any event, the CAP attempts to find out the details about what may have been signed or what the lawyer told them about the settlement offer.

My spouse’s lawyer said terrible things about me in court in a divorce case.
The CAP explains that unless the lawyer makes a willful misrepresentation of fact or law, there is really nothing The Mississippi Bar can do about that situation.  If the client or other party can show from the transcript or other documents that the lawyer lied in court, the CAP sends a bar complaint form.

I’m afraid to fire my lawyer because I paid a fee up front.
The CAP advises clients that lawyers must return any unearned fee or unused portions of any retainer when they are discharged of if they withdraw from the case.  The CAP tells clients to write the lawyer and request an itemized statement of the lawyer’s time and expenses and a refund of the unused part of the retainer.

The lawyer won’t pay his bill for my services!
The Mississippi Bar is not a collection agency and does not attempt to collect “third party” bills.  The CAP receives occasional inquiries from court reporters, expert witnesses, and medical offices asking for help in collecting unpaid bills from members of The Mississippi Bar.  The CAP sends a letter to the creditor explaining that the creditor will have to pursue the bill through the normal course of collection procedures and a copy of this letter is sent to the lawyer for his or her information.  If the collection situation, however, deals with a signed lien agreement with a medical provider and the lawyer personally guaranteed payment of medical bills upon the settlement of a case, a bar complaint may be sent to the creditor.

The lawyer got my settlement funds some time ago and I still don’t have any money.
The CAP asks the client if there are any funds in dispute such as legal fees or liens on the recovery.  If the client does not understand the delay or what’s happening, the CAP contacts the lawyer to help work out the matter.

What doesn’t the CAP do?
The CAP deals with problems that can be solved without resorting to the disciplinary procedures of The Mississippi Bar, that is, filing a bar complaint.  The CAP does not get involved when a caller alleges serious unethical conduct, such as commingling of client funds.  The CAP cannot give legal advice, but can tell consumers or clients where to look for help.  The CAP can provide information as to the legal process and certain procedures, but does not discuss case details or suggest courses of action on cases.  Some consumers or clients may have a separate right of action in law or equity and need independent legal advice.  If that’s the case, the CAP tells the person to seek help from a lawyer.

What if I just want to file a bar complaint against an attorney?
The CAP will send a bar complaint form to anyone who requests one.  The CAP does attempt to help consumers or clients solve problems in other ways by improving lawyer-client communications and resolving conflicts through informal methods.  Filing  a bar complaint does not usually solve a client’s problem.  The CAP explains that filing a bar complaint only deals with whether or not an attorney violated the Rules of Professional Conduct of The Mississippi Bar and only the attorney’s license is involved.

What other services does The Mississippi Bar offer to consumers?
The CAP is sort of a clearinghouse for callers.  The program helps identify the problem and indicate what other department of the Bar may provide assistance:  Fee Disputes, Client Security Fund, Office of the General Counsel, the Mississippi Volunteer Lawyers Project, legal services, and any outside resources such as court clerks.  The CAP exists to serve the public.

Does CAP assist attorneys as well as consumers?
Yes.  The CAP helps lawyers by courtesy calls or letters when the program hears from dissatisfied clients.  The CAP also gives 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, the CAP refers the attorney to the Law Practice Management Program, the Lawyers and Judges Assistance Program, and other resources.  The CAP may also be helpful in resolving lawyer vs. lawyer disputes.

Are CAP calls confidential?
Usually, CAP calls are handled in a confidential manner.  Information sent to the CAP may be used to assist the consumer or client and may not be confidential.  Everything CAP deals with is normally on a confidential basis unless:

1. The information shows that the lawyer has misappropriated funds, engaged in criminal conduct, or intends to engage in criminal conduct in the future;

2. When a caller files a bar complaint and the lawyer involved wants the CAP to share information with the Office of General Counsel; or

3. When a court of law properly compels the production of the information.

The CAP does not accept inquiries over the Internet or through e-mail, the consumer or client may contact the program at the offices of The Mississippi Bar.  Any inquiries made through e-mail or the Internet will receive a response indicating the consumer or client  should call the CAP Director.

How long are CAP records retained?
CAP inquiry records are usually destroyed after 30 days of the completion of the matter or if the CAP does not hear anything from the client or lawyer involved.  Destruction of CAP records is normally automatic, however, the CAP Director reserves the right to hold a file open depending on the circumstances of the case.
 
Is CAP successful in solving consumer’s problems?
While the CAP cannot resolve every problem, the program has handled thousands of inquiries since 1994.  On an average, the program opens 7 to 10 new CAP cases a day, sends out 10 Request for Assistance forms a day, and handles 20 to 25 phone calls a day.  Reports show that nearly 70% of caller’s problems are resolved without having to use the disciplinary procedure (filing a bar complaint).  Overall, the program has reduced the filing of bar complaints with the Office of General Counsel by 30%.
 
How long has CAP been operating?
The Consumer Assistance Program of The Mississippi Bar has been in operation since the fall of 1994.  Even though there were other state bar intake programs in existence at the time the CAP was formed, The Mississippi Bar program was the first of its type in the nation.  Several other state bar organizations have copied the procedures and guidelines of The Mississippi Bar’s CAP and there are now 18 similar programs across the nation.

How can I get more information?

Contact The Mississippi Bar at (601) 948-2344. 

Office hours are 8 AM to 5 PM, central time, Monday through Friday.

The fax number is (601) 355-8635.  You may also write to the following address:

          Consumer Assistance Program
          The Mississippi Bar
          P. O. Box 2168
          Jackson, MS  39225-2168

For further information on the Consumer Assistance Program, contact Glen Waddle, Director/Counsel of the program, at the Mississippi Bar Center, P. O. Box 2168, Jackson, MS 39225-2168; (601) 948-4471. You can also e-mail gwaddle@msbar.org.