WHAT TO DO IF YOUR ATTORNEY
DIES,
DISAPPEARS, BECOMES
DISABLED,
OR IS SUSPENDED OR DISBARRED
When a client is unable to contact an attorney for any
reason Client’s valuable legal rights may be compromised. Therefore, it is important to: 1) obtain your
file; 2) ascertain the status of the case, including any pending deadlines or
court settings; and 3) hire new counsel if you are unable to locate your
attorney. The following are suggestions
that may assist you in protecting your rights and ensuring that your legal
matter is handled appropriately.
1. Gather
information regarding the location of your file.
a. If the attorney disappears, first try to
ascertain where/if s/he has relocated.
To ascertain if the attorney has relocated:
i. Contact the State Bar of Texas to
determine if the attorney has provided new contact information;
ii. If not, contact the landlord of the
building to determine if the attorney left a forwarding address; or
iii. Send a letter, certified mail return
receipt requested, to determine if/where the letter is delivered (you may have
to check the USPS website for the location of the delivery).
b. If
the attorney becomes disabled or dies:
i. Determine if
another attorney has agreed to assume responsibility for contacting clients,
returning files and/or assume the practice,
ii. Determine
who is the executor or administrator of the estate, and/or
iii. Contact
the building supervisor, landlord, or other tenants in the attorney’s office
building.
c. If
the attorney is suspended or disbarred:
i. The attorney will generally be ordered
to notify clients, and return files and unearned fees, but
ii. If
the attorney does not notify you, then follow procedures suggested in other
sections of this checklist.
2. If your efforts to locate your attorney
have failed or your attorney has died, become disabled, or been suspended or
disbarred, then you need to obtain new counsel immediately. Note the following:
a. If your legal
matter includes a court case, your new attorney will need to file a Notice of Substitution
of Counsel with the court.
b. If your legal
matter is not in litigation, your new attorney will need to notify opposing
attorneys and/or parties as appropriate.
c. You may lose legal rights if you delay in
pursuing other possible remedies against the attorney. Contact another lawyer if you want to
determine what other legal rights you may have.
3. Contact the court to determine if there
are any pending court dates of which you are not aware and notify the court of
the situation in writing.
a. You
or your new attorney may need to request a continuance of any court settings.
4. Contact
the building supervisor or landlord and retrieve your file from the attorney’s
office.
a. The
client owns the file. Therefore, you are
entitled to receive your property if it is located in the attorney’s former
office or if the landlord has possession of the file.
b. If
you are unable to gain access to the file, obtain copies of all pleadings on
file with the court.
5. If you believe your attorney engaged in
illegal activity report the conduct to the proper authorities (police, county
attorney, and/or district attorney) in the county where the conduct occurred.
a. Contact the Client-Attorney Assistance
Program (CAAP) at (800) 932-1900 or (800) 204-2222, ext. 1790 to request their
assistance.
6. File a grievance with the Office of Chief
Disciplinary Counsel, State Bar of Texas, P.O. Box 12497, Austin, Texas 78711-2487. (Grievance forms are available on the State
Bar of Texas website) or you may call 800.204.2222, ext. 1350.
7. How
to obtain a refund of any unearned fees you may have paid the attorney.
a. If someone has been appointed or
designated to sign checks on the attorney’s trust account, request unearned
fees from that person.
b. If
there is an administrator of executor, file a claim against the estate.
c. File
a grievance with the Office of Chief Disciplinary Counsel, State Bar of Texas.
d. Based on the circumstances, you may be
eligible for payment from Client Security Fund.
Request a brochure describing eligibility and requirements from the
State Bar of Texas in writing to P.O. Box 12487, Austin, Texas 78711-2497 or by
calling 877-953-5535.
8. If you are unable to obtain your file or
locate the attorney, you can file a Petition in district court in the county of
the attorney’s residence to assume jurisdiction over the attorney’s law
practice.
Restrictions for Use of Oregon Materials
OTHER DOCUMENTS YOU MIGHT FIND HELPFUL:
·
Authorization for Transfer of Client File
·
Acknowledgment of Receipt of File
·
Office Closure File Tracking Chart