HOW TO START AND MANAGE A SUCCESSFUL HOW TO START AND MANAGE A SUCCESSFUL CONSUMER LAW PRACTICE CONSUMER LAW PRACTICE SPEAKER: Robert S. “Bob” Bennett Robert S. “Bob” Bennett [email protected]The Bennett Law Firm, P.C. 515 Louisiana, Suite 200 Houston, Texas 77002 (713) 225-6000 www.bennettlawfirm.com & www.bennettlawfirmmed.com DOING IT ETHICALLY – DOING IT ETHICALLY – AVOIDING MALPRACTICE AVOIDING MALPRACTICE
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How To Start and Manage A Successful Consumer Law Practice; Doing It Ethically - Avoiding Malpractice
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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
• 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
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
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