Many times these problems can best be handled outside of the attorney grievance system.If talking to your lawyer does not resolve the problem, call our Client-Attorney Assistance Program (CAAP) for help at: 1-800-932-1900.
The above concerns must be handled in another forum, separate from the State Bar's lawyer grievance system.
Flume surmised that the husband had a contract out on Ringel, and, sometime during the next four days, prepared a petition for divorce and a temporary restraining order (TRO). Flume knew that a hearing date on a TRO was not valid until signed by a judge.
On October 11, 1991, following a practice common in Bexar County, her secretary called the non-jury setting clerk to obtain a proposed setting for a hearing on the proposed protective order. When determining a factual sufficiency point, on the other hand, we consider and weigh all the evidence supporting and contrary to the challenged finding. She attached her business card to the divorce papers to be served. Ringel not to enter his house and to either call her or have his lawyer call her. Ringel's attorney to surmise that a district judge had signed the original which was filed with the district clerk. In determining the appropriate sanction for attorney misconduct, a trial court must consider the factors set forth in Texas Rule of Disciplinary Procedure 3.10.
Young, Office of General Counsel, Austin, for appellee. In her fourth and fifth points of error, Flume claims there is no, or alternatively, insufficient evidence she knowingly made a false statement of material fact to a third person because the hearing date on the unsigned order “was a true statement when delivered in good faith and there was no evidence that a change in the date of a hearing is misconduct.” This argument is fundamentally flawed because until the TRO setting a hearing date is actually signed by the judge, there is no operative date for the hearing. The State Bar included a request for costs of court and attorney's fees in the prayer of its first amended original petition.
Flume's secretary conducted an intake interview which included a tape recording of Ringel's husband making threats. The findings below should be set aside only if the evidence is so weak that the finding is clearly wrong and manifestly unjust. Thus, serving a file-stamped-albeit unsigned-order which contains a hearing date can be misleading to one who is served with legal papers. We do not find the imposition of a mentor to be an abuse of discretion given Flume's consistent failure to communicate clearly, in an accurate and timely manner, to the opposing party and his counsel the status of any proceedings she was instigating on behalf of her client. Flume also argues that the imposition of attorney's fees was improper because the award is not supported by the pleadings and no issue on fees was submitted to the jury. The State Bar Rules authorize an award of attorney's fees in disciplinary actions.
If you are concerned with the fee arrangement established with your lawyer, please know that many local bar associations which are not affiliated with the State Bar have set up fee dispute committees to work with clients and their lawyers.