HOW TO START AND MANAGE A SUCCESSFUL HOW TO START AND MANAGE A SUCCESSFUL CONSUMER LAW PRACTICECONSUMER LAW PRACTICE

SPEAKER:Robert S. “Bob” BennettRobert S. “Bob” Bennett

bbennett@bennettlawfirm.com

The Bennett Law Firm, P.C.515 Louisiana, Suite 200Houston, Texas 77002

(713) 225-6000www.bennettlawfirm.com & www.bennettlawfirmmed.com

DOING IT ETHICALLY –DOING IT ETHICALLY –AVOIDING MALPRACTICEAVOIDING MALPRACTICE

0 50 100 150 200 250 300 350

Private Reprimands(69)

Public Reprimands (28)

Suspensions (121)

Resignations in Lieu ofDiscipline (24)

Disbarments (24)

Total DisciplinarySanctions (299)

Protecting the PublicProtecting the Public2007 – 08 Snapshot2007 – 08 Snapshot

Thomas Watkins, Commission Thomas Watkins, Commission for Lawyer Discipline Memberfor Lawyer Discipline Member

Estimates that every new attorney licensed after 1999 will have at least two disciplinary complaints filed against them during their career.

Grievances Filed Compared Grievances Filed Compared With Attorney Growth Under With Attorney Growth Under

Current RulesCurrent Rules

7,7807,4946,9547,308Grievances

77,05677,93480,09481,601Lawyers

2004 -052005 - 062006 - 072007 - 08Year

“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).

State Bar of Texas State Bar of Texas Attorney Disciplinary SystemAttorney 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”

Cla

ssif

icat

ion

“Just Cause”Accept. Reject or Negotiate

Grievance

State Bar of TexasState Bar of TexasAttorney Disciplinary SystemAttorney 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

Summary of Evidentiary Summary of Evidentiary HearingHearing

• Private reprimand only available if Evidentiary Hearing is chosen

• Rocket Docket, compared to civil trial

• Limited discovery

• Private unless public reprimand

• Prosecution oriented

Civil TrialCivil Trial

• Rules of Civil Procedure & Evidence apply

• Option for jury trial

• No private reprimand available

• More expensive

Top 10 Rule ViolationsTop 10 Rule Violations

Advertising & Solicitation – 1%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.

Tribunals – 2%Tribunals – 2%

3.01: Meritorious Claims and Contentions3.02: Minimizing the Burdens and Delays of Litigation3.03: Candor Towards the Tribunal3.04: Fairness in Adjudicatory Proceedings3.05: Maintaining Impartiality of Tribunal3.06: Maintaining Integrity of Judicial System

Non-Client Relationships – 3%Non-Client Relationships – 3%

4.01: Truthfulness in Statements to Others4.02: Communication with One Represented by Counsel4.03: Dealing with Unrepresentative Person 4.04: Respect for Rights of Third Persons

Conflicts – 3%Conflicts – 3%

1.06: Conflict of Interest: General Rule1.07: Conflict of Interest: Intermediary1.08: Conflict of Interest: Prohibited

Transaction1.09: Conflict of Interest: Former Client

Fees – 6%Fees – 6%

1.04: Fees

• Illegal or Unconscionable Fee• Contingency Fees• Division of a Fee• Refundable vs. Non-Refundable

Retainers

“It’s from my attorney.”

Communication – 8%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.

Integrity – 9%Integrity – 9%

8.01: Bar Admission, Reinstatement, and Disciplinary Matters8.02: Judicial and Legal Officers8.03: Reporting Professional Misconduct8.04: Misconduct8.05: Jurisdiction

SafeSafekeepingkeeping Property – 11% Property – 11%

1.14 Trust Accounts

Declining or Terminating Declining or Terminating Representation – 11%Representation – 11%

1.15(d): Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s 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.

Neglect – 46%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.

Helpful HintsHelpful Hints

• Reporting actionable/grievable conduct: 1-800-932-1900 or www.TexasBar.comwww.TexasBar.com

• Ethics Opinion – Ethics Hotline: 1-800-532-3947 or www.TexasBar.comwww.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.comwww.TexasBar.com

Helpful Hints Cont.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/cdcwww.TexasBar.com/cdc

“If you want my advice, any man who represents himself, or engages me to represent him, has a fool for a lawyer.”