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Consumer Assistance Program (CAP)

What is the Consumer Assistance Program?
The function of the Consumer Assistance Program (CAP) of the State Bar of
Georgia is to serve the public and members of the Bar. Individuals contact
CAP with their questions or issues about legal situations, seeking
information, complaints about attorneys and communication problems
between clients and attorneys. Most problems can be resolved by CAP's
providing information and referrals, possibly contacting the attorney or
suggesting other ways of dealing with the situation. CAP does not
investigate allegations of very serious unethical misconduct. At CAP's
request, persons with such complaints are referred to another department
at the Bar for possible investigation.

What does CAP do?

Following are some typical problems and what the Consumer Assistance
Program does to help:

"I am having trouble getting a lawyer to handle my case." CAP cannot refer
consumers to individual lawyers, but will suggest they call their local
voluntary (non-regulatory) bar association or lawyer referral service.

"The lawyer won't return my calls." CAP may suggest that the client send
the attorney a certified letter (with return receipt) to express his or her
concerns. If that fails to get a reasonable response, CAP may possibly
contact the attorney on the client's behalf.
"I don't know what's happening on my case. I haven't heard from my lawyer
for months." CAP may suggest that the client send the attorney a certified
letter (with return receipt) to express his or her concerns. If that fails to get a
reasonable response, CAP may possibly contact the attorney on the client's
behalf.

"How do I fire my lawyer?" CAP suggests that the client contact the
attorney and try to work things out. If that is not successful, CAP suggests
that the client send the attorney a certified letter (with return receipt) which
includes the following: a dated statement of dismissal, along with a request
for the return of the client's entire original file, an itemized statement and a
request for the return of any unearned attorney fees.

"My former lawyer won't release the file." After a client has tried
unsuccessfully to get the file back, CAP may contact the lawyer to explain
that the client needs the file in order to pursue the active case.

"I need a transcript of my trial for a habeas corpus petition." Clients are
advised to contact the clerk of the trial court to request transcripts.

"How do I get the court to appoint me a lawyer?" Clients are advised to

contact the court. The court, not the State Bar of Georgia, appoints
attorneys. The Bar has absolutely nothing to do with the appointment of
attorneys.

"I want to file a complaint against the judge." CAP refers the client to the
Judicial Qualifications Commission, which deals with complaints concerning
judicial misconduct.
"A check on a lawyer's trust account bounced." CAP will request that a
grievance form be sent to the client, who should get legal advice about
how to recover the funds.

"My lawyer came to court intoxicated." CAP will give the caller the toll free
number to the Lawyer Assistance Program, which may be able to help when
it appears the lawyer is impaired by substance abuse or is otherwise
impaired. This is strictly confidential.

"My lawyer's bill is too high!" CAP urges the client to look at the fee
agreement, find out how much time the lawyer has worked on the case and
to look at the file to see what work has been done. If it appears the client is
being charged for unnecessary work or work that has not been done, the
client should contact the lawyer to work out the fee dispute. If that is not
successful, call the State Bar's Fee Arbitration Program for additional
options.

"Can my lawyer withdraw from the case?" Yes, under certain circumstances.
An attorney wishing to withdraw from an active court case should file a
Motion to Withdraw. If the court grants the Motion, the attorney may then
withdraw. The client's case must not be jeopardized. Clients are advised to
get other legal advice.

"A lawyer who represents a creditor is pestering me to pay up." CAP lets
callers know that the opposing counsel is supposed to be a zealous
advocate for his or her client. Clients should get legal advice about how to
respond to the demand for payment, particularly if the amount in question
is disputed. Find out about the Fair Debt Collection Practices Act and what
can be done to make bill collectors stop calling. Suspected violations of the
FDCPA should be reported to the Federal Trade Commission.

"I want to sue my lawyer for malpractice." CAP refers clients to local (non-
regulatory) bar associations, which can give them names of attorneys who
handle such cases. Legal malpractice is a matter for the courts, a civil action,
not for the State Bar.

"A lawyer was rude to me!" CAP advises the consumer that such behavior is
not condoned and is unprofessional, but it does not violate the Georgia
Rules of Professional Conduct that govern the practice of law in Georgia.

"My lawyer provided ineffective assistance of counsel." While the State Bar
does not have jurisdiction over claims of ineffective assistance, CAP can
refer consumers to other agencies that may provide assistance in such
situations.

"I'm afraid to fire my lawyer because I paid a fee up front." Clients should
review their contract with the attorney. In most circumstances CAP tells
consumers that lawyers must return any unearned fee when they are
discharged or withdraw. A client should ask for an itemized bill and return of
the unearned fee when the attorney is discharged.

"My ex-spouse is a lawyer who is delinquent in paying child support." Once

CAP receives a certified copy of an order by a Georgia Court pursuant to
O.C.G.A. § 19-6-28.1, CAP will notify the lawyer of the suspension of his or
her license to practice. The suspension will be lifted once certain
requirements are met.
What doesn't CAP do?
The State Bar of Georgia is prohibited from intervening in cases,
interpreting laws or rules, giving any legal advise and referring persons to
individual attorneys. CAP does not investigate allegations of serious
attorney misconduct, because that is a function of the Office of the General
Counsel (OGC). When appropriate, CAP requests OGC to send grievances
to persons complaining of serious, unethical attorney misconduct. CAP
does not have "in person" meetings; all of CAP's actions are handled by
telephone, letter, fax and email.

What if I want to file a complaint against an attorney?

CAP tries to help consumers solve problems in other ways by improving
lawyer-client communications and resolving conflicts through informal
methods. Filing a grievance may not solve a client's problem, so CAP works
to find other options. There are, of course, situations in which grievances
are necessary.

How do people find out about CAP?

When people call the State Bar with a problem, their calls are routed to
CAP. Some people learn about CAP from family members or friends who
have called before. Several State Bar consumer publications refer to CAP,
and referrals are made from other consumer services, the Governor's Office
of Consumer Affairs and local bar associations.

Does the State Bar offer other consumer services?

CAP is a clearinghouse for callers, helping identify the client's problem and
which other departments may be able to help: Fee Arbitration, the Office of
the General Counsel, Unlicensed Practice of Law, etc.
Does CAP assist attorneys as well as consumers?
Yes. CAP helps lawyers by providing courtesy calls, faxes or letters when
dissatisfied clients contact the program. Most problems with clients can be
prevented by returning calls promptly, keeping clients informed about the
status of their cases, explaining billing practices, meeting deadlines and
managing a caseload efficiently.

Are CAP calls confidential?

Everything CAP deals with is confidential, except:

1. Where the information clearly shows that the lawyer has misappropriated
funds, engaged in criminal conduct or intends to engage in criminal conduct
in the future;
2. Where the caller files a grievance and the lawyer involved wants CAP to share
some information with the Office of the General Counsel; or
3. A court compels the production of the information.

The purpose of the confidentiality rule is to encourage open communication

and resolve conflicts informally.

How long are CAP records retained?

CAP retains correspondence for 30 days, after which it is destroyed. No
original documents should be sent to CAP.

Is CAP successful in solving consumer problems?

While CAP cannot successfully resolve every problem, it has handled
thousands of inquiries since 1995 with a staff of five, including two lawyers.
Approximately 80 percent of consumers' problems are resolved without
having to use the disciplinary procedure (filing a grievance).

Pertinent Bar Rules

Part XII (/barrules/handbookdetail.cfm?what=chapter&id=75)

The Consumer Assistance Program enforces: Rule 1-209

(/barrules/handbookdetail.cfm?what=rule&id=20)

Additional CAP Information

Download a copy of the CAP Intake Form.

(/committeesprogramssections/programs/upload/cap_intake_form.pdf)
Descargue una copia del formulario de admisión del CAP.
(/committeesprogramssections/programs/upload/CAP_intake_form_español.pdf
Click here to view the list of CAP Committee Members.
(/committeesprogramssections/committees/programcommitteesandboards.cfm)