By Beverly P. Sharpe, Counsel
During the first four years of its operation, the Consumer Assistance Program
(CAP) has handled 17,174 new inquiries from legal consumers. The number of new
contacts peaked in 2004 for a yearly total of 5007 and 4685 new contacts for
2005. Currently, the Consumer Assistance Program handles an average of 21 new
contacts from potential complainants per business day.
The Board established the Consumer Assistance Program in 2002 to handle problems
between attorneys and complainants, which do not rise to the level of serious
ethical violations. The program is designed to expedite the receipt and
handling of minor ethical complaints through speedy informal mediation,
explanation of misunderstood issues or referral to appropriate agencies.
It is of interest to note that the areas of practice which have generated the
largest number of CAP contacts, in descending order are: Criminal, Domestic,
General Civil, Personal Injury and Bankruptcy. The types of assistance given by
CAP in descending order of frequency are: Advising General Information;
Mediation of Communication; Mediation to receive Explanation; Mediation to
achieve Action re : Case; and Mediation of Fee or Expense Questions. Referrals
are to Fee Dispute Committees, Lawyer Referral Services or Pro Bono
institutions.
A probable effect of CAP assistance over the four years of its existence is seen
in the decline in the number of Complaint files opened by Disciplinary Counsel,
even while the number of inquires to CAP increased. Disciplinary files opened
have decreased in number from 1397 to 982 in the period 2001 through 2005. This
is a decline of 29.7%. Significantly, in three categories of filed Complaints:
Neglect, Relationship with Client, and Fees, (which are areas of much CAP
assistance), there were declines also. These numbers decreased by 43%
(Neglect), 15% (Relationship with Client) and 63% (Fees) over the four years
that CAP has been assisting legal consumers.
The importance of this decrease in Complaints handled by Disciplinary Counsel,
is that serious ethical violations can be handled more efficiently and
thoroughly for the protection of the public. Also, less serious complaints stay
out of the disciplinary process and can be speedily mediated to the benefit of
both the legal consumer and the lawyer. Legal consumers and their attorneys
have a resource to aid in the resolution of their misunderstandings. The public
has access to information and referral, which, it is hoped, will increase their
confidence in the fairness and accessibility of our justice system.