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Legal Resources

Working with a lawyer and navigating the legal system can be overwhelming. The following resources are designed to help you.

The information on this website is provided as educational material about the laws and legal system. It does not constitute legal advice. Because each person’s circumstances are unique, contact an attorney for specific legal advice before making decisions that involve the law.

 

Representing Yourself (Pro Se)

 

Filing a complaint against a judge

Our legal system is based on the principle that an independent, fair and competent judiciary will interpret and apply the laws that govern us. The role of the judiciary is central to American concepts of justice and the rule of law. The Code of Judicial Conduct (Missouri Supreme Court Rule 2) is intended to establish standards for ethical conduct of judges.
 

Missouri Supreme Court Rule 12 establishes the Commission on Retirement, Removal and Discipline of Judges to receive, investigate, and hold hearings regarding citizens' complaints against judges.

To make a complaint against a Missouri judge, write to:

Commission on Retirement, Removal and Discipline of Judges
2190 S Mason Rd, Ste 201
Saint Louis, MO 63131-1637

For more information, call 314-966-1007 or visit the Commission's webpage.

 

Filing a complaint against a Lawyer

Clients have a right to expect a high level of professional service from their lawyer. In Missouri, lawyers follow a code of ethics, known as the Rules of Professional Conduct, which guides their practices and their relationships with clients. When lawyers fail to meet the ethical standard, they are subject to disciplinary action.

Contrary to common belief, it is the Supreme Court of Missouri, not The Missouri Bar or any other bar association, which is in charge of the state's lawyer discipline system. In order to protect the public, the Supreme Court oversees a mechanism for investigation and, where necessary, discipline of lawyers who fail to meet their professional obligations. Examples of misconduct which may draw disciplinary action are: neglect (failure to communicate, failure to perform agreed upon duties, delay, etc.); trust violations (embezzlement of funds entrusted to a lawyer by or for a client); conflict of interest; and improper advertising.

For more details about the process and forms necessary for filing a complaint, visit the Office of Chief Disciplinary Counsel website.

 

Working with a Lawyer

Ask about cost

If your situation will require more work beyond the first consultation, remember to ask for the lawyer's fees in writing. You do not have to hire the lawyer after the initial consultation. Feel free to find a lawyer with whom you are comfortable. You have hired a lawyer when you agree to allow that lawyer to do more work for you.

Be prepared

When you call the lawyer for an appointment, ask what papers you should bring to the first consultation. Be ready to give the lawyer all background information relating to the situation. You may also wish to prepare questions to ask the lawyer.

Be efficient

If you do hire a lawyer, don't make unnecessary phone calls to the lawyer. Most lawyers charge for the time spent on phone calls with clients. Keep a written list of all items you want to check with your lawyer and cover them in one phone call or ask them at your next scheduled appointment.

Know what you sign

Before you sign a document, ask your lawyer to fully explain it. Keep records. File any material you received from your lawyer in one place. Your file is often the best way to answer your questions about the case. Don't hesitate to ask for copies of all letters and documents involving your case. You should keep the fee agreement in your file.

Legal Fees

Attorneys' fees are based on several factors such as the complexity of the matter and the amount of time spent serving the client. There are, essentially six kinds of fees: first, there is the retainer fee; second, the contingency fee; third, a fixed fee; fourth, an hourly rate; and fifth, a fee set by the court and sixth, a fee set by statute.

A retainer is a down payment in advance. It may be charged by an attorney to handle a particular case and will be applied as a credit on subsequent billings.

A contingency fee is frequently used in lawsuits involving money damages. The attorney agrees to accept a percentage of the award as a fee. An additional percentage may be charged if the case is retried or appealed to a higher court. If there is no award, the attorney receives no payment, but the client may be charged for such expenses as filing costs, investigations, and fees paid to witnesses. If the client wins, these charges are deducted from the award.

A fixed fee is a set amount charged for services such as drafting a simple will or handling an uncomplicated real estate transaction.

Most attorneys have established hourly or unit rates for their services. There are no uniform, profession-wide figures and rates may vary widely depending on factors such as the attorney's experience and reputation. In addition to the hourly or unit rate, the client will be charged for any direct, out-of-pocket expenses the attorney incurs.

A fee can be set by the court for such legal services as handling an estate. When reviewing the attorney's application for fees, the judge will consider the amount of work required, it's complexity, the skill required and the lawyer's usual rates.

The type of fee charged is usually controlled by the type of case. For example, in some divorce cases where both parties agree on matters of settlement, the attorney may be able to set a fixed fee. But when the parties do not agree, the attorney may only be able to indicate what the minimum will be, charging for additional time expended beyond the original estimate.

Suggestions for reducing the cost of legal services:

  • When meeting with an attorney regarding a problem, bring along any documents that might be pertinent. Also, prepare a written statement of the problem and the solution you desire.
  • Discuss the fee with your lawyer during the initial meeting.
  • Present all the information you have, even though some of it may seem unfavorable to your case.
  • Instead of making frequent phone calls or visits, ask the attorney to inform you of developments as they arise.
  • Finally, in evaluating the cost, remember that much of an attorney's professional services are rendered when the client is not present.

 

Non-Legal Resources

United Way 2-1-1 of Missouri & Illinois

United Way 2-1-1 of Missouri and Illinois is your 24/7 connection to resources and agencies near you, including assistance with housing, utilities, clothing, household items, food, transportation, health, disaster recovery, employment, and more.

Dial 2-1-1, call 1-800-427-4626, or visit the 2-1-1 website.

DID YOU KNOW?

BAMSL has been serving the St. Louis metropolitan legal community since 1874 and has more that 5,000 members.