Board of Professional Responsibility

Answer: We find that many complaints are a result of communication problems or misunderstandings. Most of these can be resolved by effective communication between attorney and client. In the event your attorney is not returning your phone calls or addressing your concerns, we encourage you to contact your attorney in writing, keep a copy of your letter and send it certified mail return receipt requested. If the matter is time sensitive, you may fax or email your letter and then mail the original, again keeping a copy for your records.",

The letter to your attorney should be polite and professional. The letter should let your attorney know what your "questions" or "concerns" are. Examples of this would be: "I would like to know...", "I don't understand...", "Please explain...", "When do you anticipate...", "I have questions about my case"; (then list your questions).

We find that written communication is very effective in resolving matters for a variety of reasons: it allows you to express all of your concerns completely, without interruption or distraction; it prevents many misunderstandings as to what is being requested or promised; and it provides documentation, so that you can follow up if needed.

If your attorney does not respond to your letter within 10 days or does not respond completely, please contact the Consumer Assistance Program (CAP) if you would like us to follow up with a letter of concern to your attorney. Most likely we will ask you to fax or email a copy of your letter to the attention of the Consumer Assistance Program for review. Most attorneys respond after receiving our letter, but occasionally, a "second request" is needed.

Answer: Fee Dispute Mediation is not a service that all Bar Associations provide, and varies from county to county. Many counties do not offer fee mediation. In such a case, you may wish to seek legal advice as to your options for filing suit for breach of contract for services not rendered.

Chattanooga Bar Association
Suite 420
801 Broad Street
Chattanooga, TN 37402
Phone: (423) 756-3222
Fax: (423) 265-6602
Website: Chattanooga Bar Association Fee Dispute Arbitration

Kingsport Bar Association Fee Dispute Resolution Committee Includes Bristol
200 E Main St 1st Flr
Kingsport, TN 37662
Phone: (423) 723-0400

Knoxville Bar Association
P.O. Box 2027
Knoxville, TN 37901
Phone: (865) 522-6522
Fax: (865) 523-5662
Email: info@knoxbar.org
Website: knoxbar.org

Nashville and Surrounding Area Should Contact Chattanooga Bar for Fee Dispute Resolution
Phone: (423) 756-3222
Fax: (423) 265-6602
Website: Chattanooga Bar Association Fee Dispute Arbitration

Memphis Bar Association
145 Court Avenue, Suite 301
Memphis, TN 38103
Phone: (901) 527-3573
Email: info@memphisbar.org
Website: memphisbar.org

Washington County Fee Dispute Committee
926 W Oakland Ave Ste 206
Johnson City, TN 37064
Phone: (423) 853-4410
Email: wcbatenn@gmail.com

Answer: Such behavior is unprofessional, but it does not generally violate the ethical rules that govern lawyers. CAP may contact the lawyer to let them know that their behavior was discourteous.

Answer: Unless the lawyer makes a willful misrepresentation of fact or law, this is not an ethical violation. However, if it can be shown from the transcript and other documents that the lawyer lied in court, a complaint should be filed. If the matter is still pending in court, then sanctions should be sought from the court against the lawyer.

Answer: If there are any funds in dispute (legal fees or medical liens on the recovery) this may cause delay. If the client doesn't understand the process, CAP contacts the lawyer for answers.

Answer: The client should examine the settlement statement. Was the lawyer to pay certain bills or to disburse all the money to the client? Many times there is a lien which requires payment from a settlement. If there was a misunderstanding, CAP tries to improve lawyer-client communications.

Answer: The Board of Professional Responsibility and CAP cannot recommend or appoint a lawyer, but local bar associations and/or lawyer referral services are available as a resource. If the client cannot afford a civil attorney, CAP can refer the client to Legal Aid organizations where low-cost or free legal assistance may be possible. Indigent criminal defendants must ask the court to appoint an attorney.

Answer: First, call for an appointment with the lawyer to try to work things out. If that fails, write a discharge letter requesting return of the file, any client property or unearned fee, and an itemized bill. Note that in certain types of cases, usually contingency fee cases, the lawyer may put a lien against the proceeds of the settlement. Generally, lawyers must return any unearned fee when they are discharged or withdraw. A possible exception to this is a non-refundable fee agreement. Ask for an itemized bill and return of the unearned fee when dismissing the lawyer.

Answer: Yes, most of the time. A lawyer must take steps to be sure withdrawal does not hurt the client's case. The lawyer must generally get permission from the court to withdraw from a filed case.

Answer: CAP asks the client to send their request to the lawyer in writing. If this request is not successful, CAP can contact the lawyer about the file.

Answer: A creditor's attorney is allowed to be a zealous advocate, but may not harass a debtor. Get legal advice on how to respond to the demand for payment, particularly if you dispute the amount owed. Learn about the Fair Debt Collection Practices Act and steps to make bill collectors stop harassment. Violations of that law can be reported to the Federal Trade Commission.

Answer: Only civil courts can give a judgment for legal malpractice and award damages. You should promptly seek legal advice or use a lawyer referral service as a resource since you have a limited time (statute of limitations) to file a legal malpractice lawsuit for damages.