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Technology Contributes to Rise in Complaints Against Attorneys
~Attorney Grievance Commission Report Indicates 75
Percent of Complaints Screened Out as Unreasonable~
By Janet
Stidman Eveleth
In today’s
fast-paced technological world, consumers expect immediate electronic
access to everything, including their lawyer. When a client has a
question, seeks an update or just wants to chat and find out what is
happening, many simply e-mail their attorney and wait for an answer.
If that response is not instantaneous, many shoot off a second and
third electronic message, possibly forgetting that the busy attorney
could be in court, with another client or otherwise occupied. If an
electronic response is not forthcoming, many of these “demanding”
clients turn to the Attorney Grievance Commission (AGC) and lodge a
complaint against the attorney for lack of communication.
Welcome to the
new age of technology from the perspective of AGC. Technology is the
threshold for a new wave of consumer complaints against lawyers. In
its recently released FY 2002-2003 Annual Report, the AGC
reports that the number of complaints issued against Maryland
attorneys is up slightly from last year (from 1,468 to 1,559) but that
77 percent were “screened out” because they were unreasonable.
“Technology is
now a major issue,” states Melvin Hirshman, Bar Counsel. “In our
high-tech world, responses are instantaneous and this impacts consumer
expectations. They demand instant responses from lawyers and complain
to us if they don’t get them.” This is a trend Hirshman anticipates
will continue. “As more and more people use attorneys for a growing
number of reasons, complaints certainly are not going to go down.”
“But,” he adds,
“when you look at the total number of lawyers in Maryland, which is
now over 31,200 (with another 1,000 soon to be added to these ranks),
and compare this number to the very small percentage of complaints, it
is indeed a small percentage. Maryland is a good Bar. Few members of
the Bar come into our discipline system.” He credits MSBA’s
professionalism course, Association publications like the Maryland
Bar Journal, MSBA meetings, MICPEL’s CLE programs and attorney
networking with improving attorney professionalism in the daily
practice of law.”
Hirshman also
attributes the rise in complaints to our “increasingly tough economy.
Money is tight, and when people spend their dollars on an attorney,
those dollars are dear to them, so they are very demanding. Clients
are also more consumer-oriented today and are more likely to complain
about lawyers and everything else.”
While there was
a jump in the overall number of complaints, 77 percent were
dismissed. Disbarments dropped from the year before, down from 15 to
12, and the number of suspensions was up from 27 to 35 in FY 02-03.
The highest number of complaints against lawyers continues to involve
client communication and a lack of diligence. Other areas drawing a
number of complaints included safekeeping of property, the theft of
client’s funds, failure to maintain complete records and
misconduct/unauthorized practice of law.
“Litigation
captured 95 percent of all complaints,” reports Hirshman. As always,
personal injury accounted for the largest share of complaints in
practice areas, followed by family law, civil litigation and criminal
law. Hirshman has also detected a sharp rise in complaints involving
bankruptcy and immigration law.
“Bankruptcy
cases are almost at epidemic portions and many of these clients have
very unrealistic expectations,” he explains. “They expect lawyers to
solve all of their problems and pull them out of bankruptcy, and then
[they] complain about their lawyer when this doesn’t happen.”
“Immigration is
a big problem, too,” Hirshman continues, citing this as a growing
trend across the country. There are a large number of complaints being
filed against immigration lawyers for the simple reason that if the
immigration client does not win his or her case, he or she merely
files a complaint against the lawyer to continue the process. In this
way, the client can remain in the country. “Most immigration lawyers
are found to be competent,” adds Hirshman.
To avoid
consumer complaints, Hirshman advises lawyers to do the following:
- Have a
written fee agreement
- Maintain
regular communication with the client
- Be selective
in choosing clients (know which ones not to take)
- Know when to
withdraw from a case (and do it early)
- Conduct
regular billing
- Make sure
that the client understands exactly what you are charging for and
encourage him or her to raise questions about fees early on
- Step into
the client’s shoes and understand what it is to be a client.
Hirshman also
encourages all Maryland lawyers to join local and state bar
associations and attend meetings.
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