The JBA Client Dispute Resolution Committee Chair Tim Boyd
When a client is dissatisfied with his or her attorney or has some other complaint about the treatment by the attorney, that client can call The Jacksonville Bar Association for help.
The Jacksonville Bar Association sponsors a committee known as the Client Dispute Resolution Committee. There currently are 36 lawyers serving on the committee.
Once The Jacksonville Bar Association receives a call from the disgruntled client, it can refer the client to one of the members on the Client Dispute Resolution Committee to explain the problems he or she is having with the current attorney.
These referrals are provided to committee members on a rotating basis.
In a typical situation, the disgruntled client will be given the name and phone number of one of the committee members that will try to help resolve the matter.
The client then calls the committee member to explain that he or she has called The Jacksonville Bar Association and was given the committee member’s name and number.
The client then will explain why he or she is dissatisfied with the current attorney. Once the committee member has a good understanding of the client’s complaint, the committee member will call the attorney who the complaint is being made against.
In my experience, almost all of the attorneys take the complaints very seriously and agree to call the client immediately to work out any problems. Most of the disputes that I have helped to resolve over the years are due to a lack of communication.
Many of the complaints are as simple as the attorney will not return the client’s phone call. This issue is easily resolved by having the attorney call the client immediately and inform the client of the status of the case.
This usually goes a long way in satisfying the client that he or she is in good hands and the case is progressing as it should.
Most of the client’s complaints can be resolved after the committee member makes one phone call to the client’s attorney.
However, there are instances where the committee member has to make several phone calls in order to get the client and the attorney on the same page so that the attorney can complete the matter. There are instances where the client decides to hire another attorney to complete the matter.
I have had only one situation over the years where the attorney wanted nothing further to do with the client and for me to simply tell the disgruntled client to call The Florida Bar and make a complaint. That is the last thing any committee member wants to do.
If a committee member believes that the complaint cannot be resolved, and the client and his attorney do not believe that the complaint can be resolved, the client is given the option of either choosing another attorney or, if the complaint is serious enough, calling The Florida Bar.
This is a last resort for the committee member to explain that the client could contact The Florida Bar and determine whether or not a complaint needs to be submitted. I have never given this advice to anyone that I have dealt with and would never want to.
I believe that it is the job of the committee members to resolve these disputes before they reach The Florida Bar level, and most complaints are easy to resolve.
Just about all attorneys have been to a mediation at some point in their careers. The committee member’s job is somewhat like that of a mediator to get the two sides to agree to continue to work together and let both sides know how the other side is viewing the relationship.
Most complaints come as the case is nearing the end and it just makes more sense to finish the matter with the attorney that has been working on it from the start then to hire another attorney.
In almost all cases that I have dealt with, the issues are not that complicated and the attorney and the client continue to work together.
Obviously, the goal of the committee is to for the attorney and the client to resolve their differences and to continue to work together without any type of grievance process being filed with The Florida Bar.