Attorney and Consumer Assistance Program
What is the Attorney and Consumer Assistance Program (ACAP)?
The Attorney and Consumer Assistance Program
(ACAP) is part of the Office of the Bar Counsel of the Board of Bar Overseers.
ACAP is a source of assistance to people with questions or problems with their
Massachusetts lawyer. When someone calls the Office of the Bar Counsel with
a grievance concerning a lawyer, a member of the ACAP staff will respond promptly
to that inquiry and attempt to identify the problem. Many problems can be
resolved by providing information, calling the lawyer, or suggesting alternative
ways of dealing with the dispute. A complaint form will be sent immediately
where serious unethical conduct may be involved.
What can ACAP do?
What follows are some typical problems and what
ACAP will do to help:
- "My lawyer will not return my telephone
calls."
If the client wishes, ACAP will call the lawyer and ask the
lawyer to contact the client. If the client does not wish ACAP to communicate
with the lawyer, ACAP will make suggestions to the client for a self-help
plan.
- "I do not think my lawyer is working
on my case."
Where appropriate, ACAP will send a complaint form to
the client. Where the problem appears to be short-term or involve a communication
problem, ACAP will offer to call the lawyer for an update on the status of
the case. If the client does not wish ACAP to contact the lawyer, ACAP will
make suggestions to the client for a self-help plan.
- "My former lawyer will not release my files."
ACAP will call the lawyer to help obtain the release
of any material to which the client is entitled.
- "Can my lawyer withdraw from my case?"
ACAP will discuss the limitations on a lawyer’s ability to withdraw and
the steps the lawyer must take before doing so. ACAP will also refer the client
to lawyer referral services when appropriate.
- "My lawyer provided ineffective assistance
of counsel in my criminal case."
If the case is over, ACAP
will generally advise the caller that the Board of Bar Overseers and the Office
of the Bar Counsel cannot assist with this claim, which should be decided
by a court in the first instance. We will also refer the client to legal services
that can assist in the filing of such a claim.
- "I want to file a complaint against the judge on my case."
ACAP will refer the caller to the Judicial
Conduct Committee because the Board of Bar Overseers and the Office of Bar Counsel do not have jurisdiction over complaints concerning judges.
- "My lawyer’s bill is too high."
Fee disputes, except in rare circumstances, are outside the jurisdiction
of the Board of Bar Overseers and the Office of the Bar Counsel. ACAP will
attempt to clarify the fee arrangement for the client, urge the client to
compare the bill to the work the client knows was accomplished, and suggest
that the client write to or meet with the lawyer to attempt to resolve the
dispute. The client may also be referred to fee arbitration.
- "I am afraid to fire my lawyer because
I paid a fee in advance."
ACAP will explain that the lawyer is obligated
to return the unearned portion of any retainer promptly. The client is advised
to ask for an itemized bill and to request the immediate refund of any unearned
fees and the return of the file when the lawyer is discharged.
- "My spouse’s divorce lawyer said things
that are not true to the judge."
ACAP will explain that unless the
lawyer made willful misrepresentations of fact or law, this claim should be
raised with the caller’s own attorney since there may be nothing the Board
of Bar Overseers or the Office of the Bar Counsel can do. However, the caller
is advised that if there is proof establishing that the lawyer engaged in
deliberate misrepresentations to the court, a complaint form will be sent.
What ACAP cannot do.
ACAP deals with problems that can be resolved
without extensive investigation and the disciplinary procedures of the Board
of Bar Overseers and the Office of the Bar Counsel. When a caller alleges
serious misconduct, such as the mishandling of client funds, ACAP will provide
a complaint form and urge the caller to file it with the Office of the Bar
Counsel. Although ACAP cannot give legal advice, when a caller needs legal
assistance, we will direct the caller to other resources for assistance.
How does ACAP assist attorneys?
ACAP helps attorneys by providing
an informal means of addressing minor complaints from dissatisfied clients
and others. We also give information and suggestions about effective resolution
of disputes in an ethical and professional manner.
Most problems with clients can be prevented
by returning the client’s calls promptly, keeping clients informed about the
status of the case, written fee agreements, regular billing practices, meeting
deadlines, and managing a caseload efficiently.
In some cases, ACAP will refer lawyers to
Lawyers Concerned for Lawyers, peer assistance and practice management assistance
through local bar associations, and the Office of the Bar Counsel ethics hotline
for information and help.
NOTE: THE ACAP PROGRAM IS NOT A
"LAWYER ASSISTANCE PROGRAM" AS DEFINED IN RULE 1.6(C) OF THE MASSACHUSETTS
RULES OF PROFESSIONAL CONDUCT.
Confidentiality
As an arm of the Office of the Bar
Counsel, ACAP is governed by the Supreme Judicial Court rules which mandate
that the Office of the Bar Counsel and the Board of Bar Overseers keep complaints
confidential. Thus, ACAP cannot disclose that someone has contacted us about
an attorney. However, ACAP’s connection to the Office of the Bar Counsel also
requires that ACAP’s records be available to Bar Counsel and that ACAP advise
Bar Counsel if it receives information indicating that a lawyer is engaging
in serious misconduct. A consumer who makes a written or telephone inquiry
to ACAP is immune from liability based on the inquiry. This immunity does
not extend to public disclosure by the consumer of information contained in
or relating to the complaint.
How can I get more information?
Call ACAP at (617)
728-8750 any Monday through Friday between 9 a.m. and 5 p.m. The
fax number is (617) 482-2992. You may
also write to the following address:
Attorney and Consumer Assistance Program
The Office of the Bar Counsel
99 High Street
Boston, Massachusetts 02110
ACAP does not
accept inquiries over the Internet.
BBO/OBC Privacy Policy. Please direct all questions to webmaster@massbbo.org.
© 2006. Board of Bar Overseers. Office of Bar Counsel. All rights reserved.
