Resource packet part 1

Hiểu Biết Quyền Lợi Của Qúy
Vị !
FREE
BP Oil Disaster Legal Education

Friday, June 25, 2010, 1-5pm
Biloxi, Mississippi

Saturday, June 26, 2010, 9am – 5pm
Mary Queen of Viet Nam School
14001 Dwyer Blvd, New Orleans, LA

Disclaimer:
 We will not retain your personal information.
 We will not ask for money.
 We will not ask to be your attorney.
 We will not ask you to sign any contracts.
 We are not a private law firm. This event is
organized by non-profit organizations to help you.
 There is no attorney-client relationship.
 We are not representing you as an attorney.
 We do not make any guarantees.
 We will not give you legal advice.

Purpose of Clinic:
 To give free legal information that will help you
make informed decisions about your rights.
 To help you make progress on your claim.
 Provide one-on-one meetings with attorneys.
 We will provide you with clear information about:
– BP claims process
– Attorney-client rights and duties
– Contracts and waivers
– Lawsuits and class-action lawsuits
– Current laws regarding the BP oil spill
– Other remedies available

Collaboration of organizations:
 Vietnamese American Bar Association of Northern California
(VABANC)
 Vietnamese American bar Association of DC (VABA-DC)
 Louisiana Asian Pacific American Bar Association (LAPABA)
 Vietnamese American Young Leaders of New Orleans (VAYLA)
 National Asian Pacific American Bar Association (NAPABA)
 Mississippi Center for Justice
 Southeast Louisiana Legal Services
 Boat People SOS
 Asian Americans for Change
 Mary Queen of Viet Nam CDC
 National Association of Vietnamese American Service Agencies
(NAVASA)

Volunteer Law Corps
 18 Vietnamese American attorneys
 10 Vietnamese American law students, pre-
law, and court interpreter
 6 states (Louisiana, California, Texas,
Florida, Washington D.C., and North
Carolina)

BILOXI
CLINIC SCHEDULE:
1:00 p.m. Opening Remarks
Know Your Rights Presentation
Questions & Answers

1:30 p.m. In-take & Document Preparation
One-on-one Sessions

NEW ORLEANS
CLINIC SCHEDULE:
9 - 5 p.m. In-take & Document Preparation
One-on-one Sessions

11:30-12 p.m. Opening Remarks
Know Your Rights Presentation
Questions & Answers

AND
 1 p.m.: Know Your Rights Presentation
 2pm: Know Your Rights Presentation

Types of Damages You May
Claim:

 Loss in Property Value
 Loss of Profits and Earnings
 Loss of Commercial Use of Natural
Resources
 Personal Injury

WHAT METHODS OF
RECOVERY ARE
AVAILABLE FOR MY
DAMAGES FROM BP?
A. File a Claim with BP
then…
1. File a lawsuit or class action against
the company of BP (or)
2. Wait to file a claim under the trust fund

Bodily Injury Claim
– BP says they will accept and evaluate all claims
for bodily injury due to exposure to oil or
disbursant, or due to injury in the clean up
process
– Medical records, medical bills, or pharmacy
records are needed to support this claim
– These are not covered by the Oil Spill Pollution
Act, and we do not know how these claims will
be handled

How to Make BP Claims:
 Phone: 1-800-440-0858
 Mail: ESIS, One Beaver Valley Road,
Wilmington, DE 19803
 Online: www.bp.com

Documents needed to prove
loss of income:
 Tax records
 W-2 or 1099 tax documents
 Trip tickets / cash tickets
 Wage loss statements
 Deposit slips
 Boat registrations
 Copies of your current fishing license
 Affidavits / declarations (notarized)
 Other documents . . .
Keep Good Records & Make Copies of What You
Submit!

HOW TO KEEP GOOD
RECORDS / GET GOOD
RECORDS
 Create a log of all communications (time, date,
person spoken to, substance of communication,
outcome, etc.)
 Diary of all events
 Accountant or bookkeeper might have records
 Statements from employees and deckhands
indicating what the finances/income are
 Compare income between last year and this year
 Have copies of documents that you give your
attorney, if you have an attorney.

Deckhands & others:
 Deckhands and others that work can also
submit claims
 Provide photo ID and copy of a paystub or
other documents showing how much money
earned, phone number for their captain or
manager to confirm employment

ATTORNEY-CLIENT RIGHTS
AND DUTIES

HOW TO HIRE A LAWYER
 Barorganization referrals
 Family and friend referrals

CONCERNS WHEN HIRING LAWYER
 COST:
– How much will a lawyer cost (contingency fee / hourly
rate); what costs will be charged (interpreter, copy,
phone calls)
 QUALITY:
– Is attorney licensed in this state? Has experience in this
specific area of law? When will lawsuit be filed? Does
lawyer have local office? Can you meet and speak with
lawyer? Where will the lawsuit be filed?
 HIRING/FIRING:
– Retainer agreement (You have time to review. You do
not have to sign right away.)
– Signed by both attorney and client
– You get a copy
– Right to fire lawyer / hire another lawyer

Claim vs. Legal Action

No, filing a claim does NOT preclude right to
pursue legal action in the future

WHAT IS A CONTRACT?
 Agreement between 2 or more parties
 Written
 Signed
 For consideration

LAWSUITS AND
CLASS-ACTION LAWSUITS

LAWSUITS AND
CLASS ACTION LAWSUITS
 Business loss cases will be heard in federal
court, by a single judge
 The judge will appoint a panel of lawyers to
communicate with BP
 Multiple district prosecution: large number
of claims across multiple districts (typically
takes months for a resolution)

CURRENT LAWS

VESSELS OF OPPORTUNITY

OTHER HELP AVAILABLE
Government Assistance
Loan Forbearance
Eviction
Clean-up Contracts (such as Vessel
of Opportunities & Parish’s
agreements)
Income Tax Refunds

GOVERNMENT
ASSISTANCE
 US Small Business Administration: small
business loans
 Government benefits / income maintenance:
food stamps, unemployment, medicaid, etc.

LOAN FORBEARANCE
 Federal
Home Affordable Home
Modification Program: loan forbearance or
loan modification possible

Clean-up Contracts (such as
Vessel of Opportunities &
Parish’s agreements)
 Paragraph in contracts for those hired can
NOT state that worker is not allowed to tell
others what they have seen/heard while
cleaning up
 No waiver language that precludes you
from filing a claim
 Use respirator while working

INCOME TAX
Payments by BP are taxable

Hiểu Biết Quyền Lợi Của Qúy Vị !

Hướng Dẫn Miễn Phí Thông Tin
Luật Pháp Về Nạn Dầu Tràn

Thứ Sáu, ngày 25 tháng 6, năm 2010: 1-5pm
Biloxi, Mississippi

Thứ Bảy, ngày 26 tháng 6, năm 2010, 9am – 5pm
New Orleans, LA

Giải Thích Rõ Trách Nhiệm:
 Chúng tôi không giữ thông tin cá nhân qúy vị.
 Chúng tôi không nhận tiền lệ phí.
 Chúng tôi không yêu cầu đại diện pháp lý cho qúy vị.
 Chúng tôi không yêu cầu phải làm hợp đồng.
 Chúng tôi không phải là văn phòng luật tư nhân. Buổi
hướng dẫn này được tổ chức bởi các tổ chức bất vụ lợi
để giúp qúy vị.
 Sẽ không có mối quan hệ luật sư-thân chủ.
 Chúng tôi trợ giúp nhưng không làm luật sư đại diện cho
qúy vị.
 Chúng tôi không bảo đảm bất cứ việc gì.
 Chúng tôi không tư vấn pháp lý.

Mục Đích Buổi Hướng Dẫn:
 Nhằm cung cấp thông tin pháp lý miễn phí để giúp qúy vị
quyết định đúng đắn về quyền lợi của mình.
 Nhằm trợ giúp qúy vị đạt tiến bộ về việc đòi bồi thường.
 Tạo cơ hội tiếp xúc trình bày riêng tư với luật sư.
 Chúng tôi sẽ cung cấp thông tin rõ ràng cho qúy vị về:
– Quá trình đòi bòi thường với BP
– Quyền lợi và trách nhiệm trong quan hệ luật sư-thân
chủ
– Hợp đồng và sự khước từ quyền lợi
– Kiện cáo và các vụ kiện tập thể
– Luật pháp hiện tại về tai họa dầu tràn BP
– Các hình thức bồi thường hiện có

Các tổ chức trong liên minh:
 Vietnamese American Bar Association of Northern California
(VABANC)
 Vietnamese American bar Association of DC (VABA-DC)
 Louisiana Asian Pacific American Bar Association (LAPABA)
 Vietnamese American Young Leaders of New Orleans (VAYLA)
 Mississippi Center for Justice
 Southeast Louisiana Legal Services
 Boat People SOS (BPSOS)
 Asian Americans for Change
 Mary Queen of Viet Nam CDC
 National Association of Vietnamese American Service Agencies
(NAVASA)

Đòan Luật Sư Thiện Nguyện
 18 luật sư người Mỹ gốc Việt
 10 sinh viên luật, dự bị luật, và thông dịch
viên tòa án người Mỹ gốc Việt
 6 tiểu bang (Louisiana, California, Texas,
Florida, Washington D.C., and North
Carolina)

BILOXI
Chương Trình
1:00 p.m. Lời Mở Đầu
Thuyết Trình về “Hiểu Biết
Quyền Lợi Của Qúy Vị”
Phần Hỏi Đáp

1:30 p.m. Phỏng vấn và Chuẩn Bị Tài Liệu
Gặp Gỡ Riêng Với Luật Sư

NEW ORLEANS
Chương Trình:
9 - 5 p.m. Phỏng vấn và Chuẩn Bị Tài Liệu
Gặp Gỡ Riêng Với Luật Sư
11:30-12 p.m. Lời Mở Đầu
Thuyết Trình về “Hiểu Biết
Quyền Lợi Của Qúy Vị”
Phần Hỏi Đáp

Thuyết Trình về “Hiểu Biết Quyền Lợi Của Qúy Vị”
 1 p.m - 2pm - 3pm - 4pm

Tai nạn dầu tràn BP đạ gây ra
những tổn thất sau đây:

 Tổn thất về giá trị tài sản
 Tổn thất về lợi nhuận (profits) và thu nhập
(earnings)
 Tổn thất về việc sử dụng & khai thác
thương mại các nguồn tài nguyên thiên
nhiên
 Thương tích thân thể

CÁCH PHƯƠNG CÁCH BỔI
THƯỜNG CÁC THIỆT HẠI GÂY RA
BỞI BP

A. Nộp Đơn Đòi Bồi Thường với hãng BPP
B. Sau đó…
1. Kiện hay kiện tập thể (class action)
hãng BP (hay là)
2. Đợi để nộp đơn thông qua Qũy Bồi
Thường Độc Lập (Trust Fund)

TiỀN TRÌNH ĐÒI BỒI
THƯỜNG VỚI HÃNG BP

Đơn Đòi Bồi Thường Tổn
Thương Thân Thể
– BP tuyên bố rằng họ sẽ nhận và thẩm định tất cả các
đơn đòi bồi thường về thương tích thân thể vì tiếp xúc
với dầu hay chất hòa tan dầu, hay do chấn thương
trong tiến trình dọn sạch dầu
– Tài liệu y tế, hóa đơn y tế, hay tài liệu tiệm dược
phẩm cần có để chứng minh thiệt hại
– Những lọai đơn bồi thường này không được bảo đảm
bởi Đạo Luật Ô Nhiễm do Dầu Tràn (Oil Spill
Pollution Act) nên chúng tôi không chắc các đơn này
sẽ được giải quyết ra sao.

Đơn Đòi Bồi Thường BP
 Phải thực hiện thông qua hãng BP (không phải là
một cơ quan chính quyền)
 Đạo Luật Ô Nhiễm Dầu (Oil Pollution Act) bắc
buộc hãng BP phải trả các khỏan sau:
– Tổn thất tài sản
– Tổng số thiệt hại lợi nhuận và khả năng thu nhập
– Tổn thất thu nhập tối thiểu và tài nguyên thiên nhiên
– Phí tổn dọn sạch và di chuyển chất thải
– Phí tổn của việc gia tăng các dịch vụ công cộng
– Tổng số thiệt hại đến ngân quỹ chính phủ

Phương Thức Nộp Đơn Đòi
Bồi Thường
 Điện Thọai: 1-800-440-0858
 Gởi Bưu Điện: ESIS, One Beaver Valley
Road, Wilmington, DE 19803
 Qua mạng: www.bp.com

Tài Liệu cần có để chứng minh
tổn thất thu nhập:
 Giấy tờ khai thuế
 Giấy tờ thuế W-2 hay 1099
 Biên nhận tiền mặt (cash tickets)
 Giấy tờ khai mất lương (wage loss statements)
 Biên nhận đóng tiền kỳ gởi nhà băng (deposit slips)
 Giấy phép đăng ký tàu
 Bản sao bằng đánh cá hiện giờ (current fishing license)
 Bản khai có tuyên thệ - affidavits (đã được công chứng-
notarized)
 Các tài liệu khác
Hãy Lưu Giữ Tài Liệu Cẩn Thận & Làm Bản Sao Các
Tài Liệu Để Nộp

CÁCH LƯU GiỮ VÀ CHUẨN
BỊ TÀI LiỆU
 Lập một danh sách liệt kê tất cả mọi sự thông tin
liên lạc (ngày, giờ, người liên lạc, nội dung thảo
luận chính, kết qủa, v.v.)
 Tóm tắt miêu tả mọi sự kiện
 Nhân viên kế tóan có thể giữ tài liệu
 Tài liệu từ nhân viên và ngư phủ làm việc trên tàu
chứng minh tình hình tài chính/thu nhập ra sao.
 So sánh thu nhập năm ngóai và năm nay
 Chuẩn bị bản sao mọi tài liệu mà qúy vị cung cấp
cho luật sư, nếu qúy vị có luật sư.

Ngư phủ và các cá nhân khác:
 Ngư phủ và các cá nhân làm việc khác
cũng có thể làm đơn đòi bồi thường.
 Cung cấp ID có hình ảnh và bản sao biên
nhận lương (paystub) hay các tài liệu khác
trình bày số tiền kiếm được, số phone của
thuyền trưởng (captain) hay quản trị
(manager) để xác nhận việc làm.

QUYỀN LỢI VÀ TRÁCH
NHIỆM TRONG QUAN HỆ
LUẬT SƯ-THÂN CHỦ

LÀM SAO ĐỂ MƯỚN LUẬT SƯ

 Qua giới thiệu của các luật sư đòan
 Qua giới thiệu của gia đình và bạn bè

ĐiỀU CẦN BIẾT KHI MỨƠN LUẬT SƯ
 PHÍ TỔN:
– Phí tổn mướn luật sư sẽ là bao nhiêu (tiền d/phí luật sư theo giờ);
các chi phí nào khác (thông dịch viên, sao chép tài liệu, điện thọai)
 CHẤT LƯỢNG:
– Luật sư có giấy phép hành nghề trong tiểu bang không? Có kinh
nghiệm về lãnh vực luật này không? Khi nào đơn kiện sẽ được
nộp ra tòa? Luật sư có văn phòng địa phương không? Qúy vị có
thể gặp và tham khảo trực tiếp với luật sư không?
 MƯỚN/BÃI BỎ THUÊ MƯỚN
– Thỏa thuận đồng ý mướn luật sư (có thể có thời gian để xem lại,
NHƯNG KHÔNG CẦN PHẢI MƯỚN NGAY LẬP TỨC)
– Ký tên bởi luật sư và thân chủ
– Lấy bản sao
– Quyền bãi bỏ thuê mướn luật sư / mướn luật sư khác

HỢP ĐỒNG VÀ ĐƠN BÃI MiỄN

Đơn Đòi Bồi Thường vs. Hành
Động Kiện Pháp Lý
 Không,nộp đơn đòi bồi thường KHÔNG
bãi miễn quyền kiện tụng trong tương lai.

HỢP ĐỒNG LÀ GÌ?
 Thỏa thuận giữa 2 hay nhiều bên
 Tài liệu viết
 Được ký tên
 Có giá trị trao đổi

KiỆN VÀ KiỆN TẬP THỂ
 Các trường hợp tổn thất thương mại có thể
đưa ra tòa liên bang, trước một quan tòa
duy nhất.
 Quan tòa sẽ chỉ định một hội đồng luật sư
để thảo luận với hãng BP.
 Truy tố xuyên nhiều địa hạt: một số lượng
lớn các đơn kiện xuyên nhiều địa hạt
(thường mất nhiều tháng để giải quyết)

CÁC SỰ HỖ TRỢ KHÁC
 Các chương trình hỗ trợ từ chính phủ
 Chương Trình Hoãn Nợ
 Lấy lại tài sản bằng hình thức pháp lý
 Hợp đồng dọn sạch (ví dụ như Vessel of
Opportunities & các thỏa thuận của quận
hạt)
 Tiền lấy lại khai thuế thu nhập (income tax
returns)

HỖ TRỢ TỪ CHÍNH PHỦ
 US Small Business Administration: các
chương trình vay tiền dành cho tiểu thương
 Các chương trình dân sinh/duy trì mức sinh
sống tối thiểu: food stamps, tiền trợ cấp
thất nghiệp, v.v.

HOÃN NỢ
 Chương Trình Federal Affordable Home
Modification Program: hõan nợ hay là sửa
đổi điều kiện khỏan nợ nếu có thể

HỢP ĐỒNG DỌN SẠCH
 Đọan văn trong hợp đồng dành cho những
người được mướn KHÔNG được nói rằng
nhân viên không được phép chia sẻ với
những người khác những gì họ trông thấy
hay nghe thấy trong khi làm công tác dọn
sạch.
 Sử dụng mặt nạ phòng hơi độc khi làm
việc.

THUẾ THU NHẬP
 Các khỏan tiền trả bởi BP phải chịu thuế
 Nếu thuế không được trừ vào hay thuế
không được trả mỗi 3 tháng, hãy chuẩn bị
trả một khỏan tiền thuế lớn.

Unified Command for the Deepwater BP Oil Spill | Vessel of Opportunit... http://www.deepwaterhorizonresponse.com/go/doc/2931/771663/

CONTACT: WILDLIFE (866) 557-1401 OIL ON LAND / BOOM ISSUES (866) 448-5816 HEALTH CONCERNS (800) 222-1222 DAMAGE CLAIM (800) 440-0858

Please visit our new website, RestoreTheGulf.gov. During the transition information will be updated here and on the new site.

Vessel of Opportunity Worker Exposure Incident on May 26, 2010
W hat Happened

Seven fishermen employed in the Vessels of Opportunity (VoO) program sought medical attention on the evening of May 26, 2010, complaining of a variety
of non-specific symptoms.

A major concern among these individuals was whether their health complaints were a result of inhalational exposure to dispersant and/or crude oil. Analysis
of available environmental data and their complaints indicates that exposure to chemicals in the dispersant or crude oil is very unlikely:

• The fishermen were working in an area in which fresh crude oil was not present (approximately 62 miles north of the oil source).
• Weathered crude oil is an unlikely source of inhalational chemical exposure.
• Dispersants were not being used in the area where the fishermen were working. On the day of the incident, 200 gallons of dispersant were sprayed on
the oil slick at the location of the leak source about 60 miles from the area the vessel was operating.
• Environmental testing has not shown levels of chemicals in air at levels that would be associated with adverse health effects.

W hat You Need To Know

Based on a through review by CTEH (Center for Toxicology and Environmental Health), the most likely cause of the problem was the use of an improperly
diluted cleaner in a relatively enclosed space. Vessels were provided a terpene (pine oil) hydrocarbon based industrial cleaning/degreasing product as a
replacement for the standard citrus-based cleaning/degreasing product to clean the hydrocarbons from the deck.

The National Institute for Occupational Safety and Health (NIOSH) is currently conducting an independent Health Hazard Evaluation which will confirm the
causes of this incident.

W hat W e Changed

As a result of this incident, the terpene (pine oil) hydrocarbon based industrial cleaner was recalled and replaced with the pre-approved citrus-based
cleaning/degreasing product. Material Safety Data Sheets (MSDS) and product literature has been distributed for all cleaners and degreasers.

• Response personnel and supervision need to be on the lookout for changes to routine products and procedures that can introduce new risks.
• Ensure vessel crew members understand MSDS and product literature (including mixing instructions) when issuing cleaners and degreasers.
• Ensure that appropriate hazard communication training is provided to workers who may be working with chemicals.

Frequently Asked Questions

Is BP providing protection for workers on vessels of opportunity (VoO)

The safety and health of workers is our top priority and we continue to investigate with the government reports of illness from fishing vessels employed in
the cleanup. The Unified Command, which includes BP, the Coast Guard and other government entities, provides workers with personal protective
equipment (PPE) that is appropriate for the task they’re performing and meets U.S. Occupational Safety and Health Administration (OSHA) regulations.

Some workers have complained of illness. What is being done for them?

We are responsive to workers’ complaints. Free medical support for workers is available at each of the Unified Command’s incident command posts and
staging areas.

What is causing the illnesses?

The data we have collected do not indicate that oil from this spill is the cause of the illnesses. An investigation indicates that use of an unapproved industrial
cleaner carried on the fishermen’s boat was the probable cause of some illnesses. We have put in place stringent guidelines on the use of unapproved
cleaning fluids, and we encourage workers to report injuries and illnesses so that we can evaluate them. We have also instituted an aggressive heat stress
program that requires workers to work for 20 minutes and rest 40 minutes each hour.

What is the Unified Command doing to monitor air quality?

We have done extensive air testing, including along the shoreline. Outside of the source control area (around the spill’s source), we are not finding pollutants
that exceed OSHA or EPA standards. You can find a summary of test results on at the links below:

Personal exposure monitoring results summary:

1 of 2 8/1/2010 11:02 AM

Unified Command for the Deepwater BP Oil Spill | Vessel of Opportunit... http://www.deepwaterhorizonresponse.com/go/doc/2931/771663/

http://www.bp.com/liveassets/bp_internet/globalbp/globalbp_uk_english/incident_respo nse/STAGING/local_assets/downloads_pdfs
/Monitoring_Summary_Report_30th_May_2010 _FINAL.pdf

Air sampling and air monitoring results:
http://www.bp.com/sectiongenericarticle.do?categoryId=9033792&contentId=7062347

EPA air monitoring information:
http://www.epa.gov/bpspill/air.html

Will workers be fired if they report that they feel ill?

Workers will not be fired simply for reporting that they feel ill. The safety and health of workers is our top priority and we continue to investigate with the
government reports of illness from fishing vessels employed in the cleanup. Workers with health issues are encouraged to report their conditions without
fear of reprisal. If workers feel ill, they should seek medical attention.

Why don’t you provide respirators to the workers?

We are not providing respirators for workers away from the source of the spill because there are no indications of volatile organic compounds (VOCs) in
those areas.

Air monitoring conducted to date has not indicated a need for VoO workers to have respirators. Moreover, if used under certain conditions in high
temperatures, respirators can increase the risk of heat stress and heat stroke. OSHA is providing compliance assistance to the Unified Command and
everything that we are doing in terms of worker safety is being evaluated by OSHA and the National Institute of Occupational Health and Safety (NIOSH).

0
tweets S Share

tweet
S

printer friendly

Download Plug-Ins
Powered by the PIER System

2 of 2 8/1/2010 11:02 AM

DISASTER ASSISTANCE
Federal Disaster Loans for Small Businesses
The U. S. Small Business Administration (SBA) is offering low-interest disaster loans to small
non-farm businesses that suffered economic injury due to the Deepwater BP Oil Spill that began on
April 20, 2010. Loans are available for:
Economic Injury: for small businesses, small agricultural cooperatives and most private,
non-profit organizations of all sizes suffering financial impacts as a result of the
disaster, up to $2,000,000 for working capital to help pay obligations until
normal operations resume.
SBA customer service representatives are at the following locations to meet with each disaster victim.
SBA will answer specific questions about how a disaster loan may help each victim recover from the
disaster, and will provide one-on-one assistance in completing applications for these loans.
Plaquemines Parish Plaquemines Parish
BELLE CHASSE PORT SULPHUR
SBA Business Recovery Center SBA Business Recovery Center
Seedco Financial Southeast St. Patrick’s Church
LA Fisheries Assistance Center Family Life Center
212 Avenue G 28698 Highway 23
(near the Belle Chasse Ferry)
Mondays through Fridays
Mondays through Fridays
9 am to 5 pm
9 am to 5 pm
St. Bernard Parish St. Bernard Parish St. Bernard Parish
CHALMETTE HOPEDALE ST. BERNARD
SBA Business Recovery Center SBA Business Recovery Center SBA Business Recovery Center
Gulf Coast Bank & Trust Co. 7601 Hopedale Highway Los Islenos / Ducros Museum
1801 East Judge Perez Drive (near Breton Sound Dock & Marina) 1345 Bayou Road

Mondays through Fridays Mondays through Fridays Mondays through Fridays
9 am to 4 pm 9 am to 6 pm 8 am to 5 pm
Jefferson Parish Jefferson Parish Lafourche Parish
METAIRIE GRAND ISLE CUT OFF
LSBDC Greater NOLA Region Grand Isle Community Center South Lafourche Public Library
UNO Jefferson Center The Rotary Room 16241 East Main Street
3330 N. Causeway, Suite 427 3811 Highway 1
Mondays through Thursdays
Mondays through Fridays Mondays through Fridays 9 am to 6 pm
8:30 am to 5 pm 8 am to 5 pm Fridays, 9 am to 5 pm
Orleans Parish St. Tammany Parish Terrebonne Parish
NEW ORLEANS SLIDELL HOUMA
4375 Michoud Boulevard 1330 Bayou Lane, Trailer #102 TPCG Government Tower
(near the corner of Pennsylvania Ave.) 8026 Main Street
Mondays through Fridays Mondays through Fridays Mondays through Fridays
8 am to 5 pm 8 am to 5 pm 8 am to 5 pm

H TR KH C PH C TH M H A
eliCác Kho n Vay T Liên Bang Giúp Doanh Nghi p Nh Kh c Ph c Th m H a

Cơ Quan Qu n Tr Doanh Nghi p Nh Hoa Kỳ (SBA) ang cung c p các kho n vay lãi su t th p cho các
doanh nghi p nh không ho t ng trong lĩnh v c nông tr i ch u t n th t kinh t do S C D u Tràn BP
Bi n Sâu x y ra t ngày 20 tháng 4 năm 2010. Các kho n cho vay ư c dành cho:
T n Th t Kinh T : cho các doanh nghi p nh , các h p tác xã nông nghi p nh và h u h t các t ch c tư
nhân b t v l i không phân bi t l n nh ch u t n th t v tài chính do th m h a này.
Kho n vay t i a là $2.000.000 (2 tri u ô la) ư c dùng làm v n lưu ng giúp thanh
toán cho các nghĩa v cho n khi ti p t c tr l i các ho t ng bình thư ng.
Các i di n d ch v khách hàng c a SBA s có m t t i a i m sau ây g p m i n n nhân th m h a.
SBA s tr l i các câu h i c th v cách th c mà kho n vay kh c ph c th m h a có th giúp m i n n nhân
kh c ph c ư c t n th t do th m h a gây ra, và s cung c p h tr cho t ng ngư i m t trong vi c hoàn thành
ơn xin vay.
Qu n Plaquemines Qu n Plaquemines
BELLE CHASSE PORT SULPHUR
Trung Tâm Ph c H i Doanh Nghi p SBA Trung Tâm Ph c H i Doanh Nghi p SBA
Seedco Financial Southeast St. Patrick’s Church
LA Fisheries Assistance Center Family Life Center
212 Avenue G 28698 Highway 23
(g n Belle Chasse Ferry)
Th Hai – Th Sáu
Th Hai – Th Sáu
9 sáng to 5 chi u
9 sáng to 5 chi u
Qu n St. Bernard Qu n St. Bernard Qu n St. Bernard
CHALMETTE HOPEDALE ST. BERNARD
Trung Tâm Ph c H i Doanh Nghi p SBA Trung Tâm Ph c H i Doanh Nghi p SBA Trung Tâm Ph c H i Doanh Nghi p SBA
Gulf Coast Bank & Trust Co. 7601 Hopedale Highway Los Islenos / Ducros Museum
1801 East Judge Perez Drive (g n Breton Sound Dock & Marina) 1345 Bayou Road

Th Hai – Th Sáu Th Hai – Th Sáu Th Hai – Th Sáu
9 sáng to 4 chi u 9 sáng to 6 chi u 8 sáng to 5 chi u
Qu n Jefferson Qu n Jefferson Qu n Lafourche
METAIRIE GRAND ISLE CUT OFF
LSBDC Greater NOLA Region Grand Isle Community Center South Lafourche Public Library
UNO Jefferson Center The Rotary Room 16241 East Main Street
3330 N. Causeway, Suite 427 3811 Highway 1
Th Hai – Th Năm
Th Hai – Th Sáu Th Hai – Th Sáu 9:00 sáng – 6:00 chi u
8:30 sáng to 5 chi u 8:00 sáng – 5:00 chi u Th Sáu, 9:00 sáng – 5:00 chi u

Qu n Orleans Qu n St. Tammany Qu n Terrebonne
NEW ORLEANS SLIDELL HOUMA
4375 Michoud Boulevard 1330 Bayou Lane, Trailer #102 TPCG Government Tower
(G n Góc ư ng Pennsylvania Ave.) 8026 Main Street
Th Hai – Th Sáu
Th Hai – Th Sáu Th Hai – Th Sáu
8 sáng to 5 chi u
8 sáng to 5 chi u 8 sáng to 5 chi u

Unified Command for the Deepwater BP Oil Spill | Deepwater Horizon R... http://www.deepwaterhorizonresponse.com/go/site/2931/



FEATURED INFORMATION
Ask a Responder: Q&A with an Aerial Observer

Petty Officer 3rd Class Will Jones is an Aerial Observer assigned to the Mobile Incident Command
Post (ICP) in support of the oil spill effort. Jones is an Aviation Maintenance Technician (AMT) from
Air Station Astoria, OR. His hometown is Corning, CA and he joined the Coast Guard three years
ago.

U.S. Coast Guard photo by Petty Officer 2nd Class Gina Ruoti.

> For the full story click here
Petty Officer 3rd Class
Will Jones
NGOs: Please click here for NGO specific information > To meet more responders click here

> View More Videos | YouTube | CG Visual Imagery

COCODRIE, La., - Jami Markle, part of the U.S. Fish and Wildlife
contingent of personnel currently in the Gulf region, discusses his
role in the Department of Interior's oil spill response. Markle is
based in Cocodrie, Louisiana, serving with the rescue and
recovery operations helping survey shorelines looking for oiled
wildlife and misplaced boom.

Latest Information

July 31, 2010
The Ongoing Administration-W ide
Response to the Deepwater BP Oil Spill

July 31, 2010
MEDIA ADVISORY: Teleconference to
MOBILE, Ala. - Members of a Seashore Coastal Assessment Team sift through collected tar balls along the beach at the Ruth Provide Operational Update on Ongoing
Avenue Decontamination Site in Gulfport, Miss., as Chief Warrant Officer Aaron Van Huysen ensures members are wearing the Deepwater Horizon/BP Oil Spill Response
proper personal protective equipment, July 26, 2010. Van Huesen travels around to various decontamination sites to ensure that Efforts
members are following safety procedures at each respective site. U.S. Coast Guard photo by Petty Officer 3rd Class Brandyn
Hill.
July 31, 2010
PHOTO RELEASE: Pelican release
Photo credit: Petty Officer 3rd Class Brandyn Hill > View More Photos | Flickr | CG Visual Imagery

July 30, 2010
LEARN MORE
The Ongoing Administration-W ide
Hurricanes and the Oil Spill Response to the Deepwater BP Oil Spill

What will the hurricane do to the oil slick in the Gulf?
July 30, 2010

• The high winds and seas will mix and “weather” the oil which can help accelerate the biodegradation process.
MEDIA ADVISORY: Teleconference with
• The high winds may distribute oil over a wider area, but it is difficult to model exactly where the oil may be transported.
Sea Turtle experts
• Movement of oil would depend greatly on the track of the hurricane.
• Storms’ surges may carry oil into the coastline and inland as far as the surge reaches. Debris resulting from the hurricane may July 30, 2010
be contaminated by oil from the Deepwater Horizon incident, but also from other oil releases that may occur during the storm. DOI Sensitive Lands Branch Ensures Gulf

> Read More

1 of 2 8/1/2010 10:48 AM

Unified Command for the Deepwater BP Oil Spill | Deepwater Horizon R... http://www.deepwaterhorizonresponse.com/go/site/2931/

> View More Photos | Flickr | CG Visual Imagery

Horizon Hotline:

Environmental Hotline/Community Information - 866-448-5816 Find us on Facebook
Assistance Hotline/Boom Reports - 281-366-5511
Deepwater Horizon Response
Vessels of Opportunity (boats) - (866) 279-7983 or (877) 847-7470 Like

W ildlife Distress Hotline - 866-557-1401
Deepwater Horizon Response Update:
The Ongoing Administration-Wide Response
PEC Hotline (Specialty Volunteer Training) - 866-647-2338
to the Deepwater BP Oil Spill for the last
Claims Hotline - 800-440-0858 24-hours. To keep informed on the latest
information from the Unified Area Command
Medical Support - Poison Control Center - 800-222-1222 go to: http://ht.ly/2jpkr
Unified Command for the Deepwater BP Oil
Spill | The Ongoing Administration-Wide
Response to the Dee
ht.ly
The official site of the Deepwater Horizon
Response Unified Command. Find the latest
information about the BP Gulf oil spill response.

4 hours ago

Deepwater Horizon Response PHOTO
RELEASE: Feature on workers and pelican
rehabilitation centers For more information
39,535 people like Deepwater Horizon Response

Stephanie Bob Grettel Angus Esther

Alina Heather Lorie Brian Thomas

Facebook social plugin

Download Plug-Ins

2 of 2 8/1/2010 10:48 AM

Unified Command for the Deepwater BP Oil Spill | Claims http://www.deepwaterhorizonresponse.com/go/doc/2931/588155/



Claims
BP Claims

Food/Nutrition Assistance

National Pollution Fund Claims

Small Business Loans

Letter to House and Senate Leadership from Secretary of Homeland Security and National Incident Commander

0
tweets S 4
tweet
S Share

printer friendly

Download Plug-Ins

1 of 1 8/1/2010 10:50 AM

Unified Command for the Deepwater BP Oil Spill | BP Claims Information http://www.deepwaterhorizonresponse.com/go/doc/2931/588263/



BP Claims Information

FACT SHEET: BP CLAIMS June 15, 2010

For individuals and businesses.

How to File a Claim

Filing a claim is FREE, simple and can be done in several ways:

The toll-free number for the claims line is 1-800-440-0858. The line is available 24 hours a day,

seven days a week.

File a claim online and get more information at various websites, including www.bp.com/claims.

Visit one of the BP claim centers. Find the list of claims centers at www.bp.com/claims.

BP recommends that claimants first obtain a claim number by calling the toll-free line. This will avoid delays.

Mail a claim to ESIS, PO BOX 17160, Wilmington, DE 19850.

BP is striving to ensure the claims process is as simple as possible.

You can file a claim for lost income with a tax return or W-2 – whatever will show your previous income over a 30-day period.

Deckhands and others who work on a cash-only basis also can submit claims. Provide a photo ID and a copy of a pay stub or another document
showing how much money you earn. Provide a phone number for your captain or manager to confirm your employment.

BP will continue to evaluate whether additional payments are appropriate because you remain out of work due to the spill.

You should only file one claim. You can report different types of damages on the same form with the same claim number. Multiple claim numbers will
delay the review of the claim. Claim adjusters will help deal with any exceptions to this.

Discuss questions with a claim adjuster.

Supporting Documentation

Provide photo ID and documentation to support your loss. Additional documentation that may be needed to support your claims:

Loss of income or net profit claims: may include tax records, trip ticket, wage loss statements, deposit slips, boat registration or copies of a
current fishing license.

Commercial economic loss claims: may require additional business specific records.

Loss of rental claims: can include prior occupancy rates, cancellations, tax records, and bookkeeping records.

Property damage claims: can require photographs and replacement or cleaning receipts. Larger property damage claims may require on-site
inspection by a claim adjuster.

Bodily injury claims: are not payable under the Oil Pollution Act of 1990; however, BP will evaluate each bodily injury claim submitted on a
case-by-case basis. You will need to provide medical records, medical bills, or pharmacy records to support the claim.

How to Check Existing Claims

To check on the status of a claim or if you have not heard from a claim adjuster, call 1-800-573-8249 between 9 a.m. and 9 p.m. EDT, seven days a
week. Be prepared to provide your name, address, and claim number.

No person asserting a claim or receiving payment for interim benefits will be asked or required to sign a release or waive any rights to
assert additional claims, to file an individual legal action, or to participate in other legal actions associated with the Deepwater Horizon
incident.

1 of 4 8/1/2010 10:50 AM


Claims FAQs can be found here.

Claims Office Locations

ALABAMA

Foley, AL (Orange Beach/Gulf Shores/Bone Secour)
1506 North McKenzie Street (HW Y 59)
Suite 104
Foley, Al 36535

Bayou LaBatre
N. W intzell Avenue
Bayou La Batre, Al 36509

Gulf Shores / Orange Beach, AL (Baldwin County)
Scott Lewis, Manager
24039 Perdido Beach Blvd
Suite 1
Orange Beach, AL 36561

FLORIDA

Pensacola, FL (Escambia County)
3960 Navy Blvd
Suite 16-17
Pensacola, FL 32507

Gulf Breeze, FL (Santa Rosa County)
5668 Gulf Breeze Pkwy
Unit B-9
Gulf Breeze, FL 32563

Ft. W alton Beach, FL (Okaloosa County)
348 SW Miracle Strip Pkwy
Suite 13
Fort W alton Beach, FL 32548

Crawfordville, Fl (W akulla County)
3010 Crawfordville Hwy
Suite A&B
Crawfordville, FL 32327

Apalachicola, FL (Franklin County)
Brion Gregore, Manager
194 14th Street
Suite 105
Apalachicola, FL 32320

Port St. Joe, FL (Gulf County)
Charles Mayo, Manager
106 Trade Circle
Suite A
Port St. Joe, FL 32456

Panama City, FL (Bay County)
Curtis W ittich, Manager
7938 Front Beach Rd
Panama City Beach, FL 32408

Santa Rosa Beach, FL (W alton County)
Gordon Porter, Manager

2 of 4 8/1/2010 10:50 AM


5008 US Hwy 98W
Unit 6&7
Santa Rosa Beach, FL 32459

Clearwater, FL (Pinellas County)
2551 Drew St, Suite 301
Clearwater, FL 33765

Key W est, FL (Monroe County)
3706 N Roosevelt Blvd, Suite H
Key W est, FL 33040

Marathon, FL (Monroe County)
7885 Overseas Hwy
Marathon, FL 33050

Naples, FL (Collier County)
4121 East Tamiami Trail
Naples, FL. 34112

LOUISIANA

New Orleans, La.
4375 Michoud Blvd.
New Orleans, LA 70129
Venice
41093 Hwy La 23
Boothville, LA 70038

Saint Bernard
1345 Bayou Rd
Saint Bernard LA 70085

Pointe a la Hatch
1553 Hwy 15
(Council District #1 Office)
Pointe-A-LA-Hatch, LA 70040

Gretna/Belle Chasse
2766 Belle Chasse Hwy
Belle Chasse, LA 70037

Grand Isle
3811 LA1 (Community Center)
Grand Isle, La 70358

Houma, LA (Terrebonne Parish)
Julius Herbert, Manager
Plaza Caillou Shopping Center
814 Grand Caillou Rd
Suite 2 & 3
Houma, LA 70363

Cut Off, LA (Lafouche Parish)
Carlo Pedalino, Manager
Tarpon Heights Shopping Center
Unit 2
16263 E. Main Street
Cut Off, LA 70345

BP Claims and Community Outreach Center
St. Tammany Parish
2040 Gause Blvd., Suite 10

3 of 4 8/1/2010 10:50 AM


Slidell, LA 70461

MISSISSIPPI

Biloxi
920 Cedar Lake Rd
Suite K
Biloxi, MS 39532

Pascagoula, MS
5912 Old Mobile Hwy.
Suite. 3
Pascagoula, MS 39563

Bay St. Louis, MS (Hancock County)
Scott Niolet, Manager
1171 Hwy 90
Bay St. Louis, MS 39520

3
tweets S 3
retweet
S Share

printer friendly

Download Plug-Ins

4 of 4 8/1/2010 10:50 AM

The Mississippi Bar Association - Frequent Questions https://www.msbar.org/frequent_questions.php

Sunday, August 1st, 2010 |
11:56 AM

PUBLIC RESOURCES FREQUENTLY ASKED QUESTIONS

History
Mission & Goals How can I find the address and phone number of a lawyer?
Officers & Board
ByLaws
Annual Report You may access the Bar’s online directory here /lawyerdirectory.php. The Mississippi Bar also
Past Presidents publishes an annual membership directory. If you are interested in purchasing a copy, pricing
Directions to Bar Center
Conference Rooms
and ordering information is available here /lawyerdirectory_book.php.

Member Services Does The Mississippi Bar have a lawyer referral service?
Casemaker
CLE Seminars
Calendar of Events No, the Bar does not maintain a lawyer referral service. For information on how to select a
Ethics Opinions lawyer click here /how_to_choose_a_lawyer.php.
Professional Responsibility
Professionalism
Lawyers Assistance Program
Publications
Address Change I am having problems with my lawyer. Can the Bar assist me?
Membership Information
Committees
Sections Yes, the Bar’s Consumer Assistance Program is designed to assist clients with every day
Young Lawyers Division consumer type problems with their attorneys. For information on the Bar’s Consumer
County Bar Associations
MS Legal Organizations
Assistance Program click here /ms_bar_consumer_assist_program.php.
Bar Store
Frequent Questions

Can you answer any questions about the Bar exam, admission to practice law in
How to Choose a Lawyer
Mississippi or reciprocity?
Law You Can Use
Consumer Assistance Program No, the Mississippi Board of Bar Admissions is responsible for admissions in Mississippi. For
Complaint Procedure
Guide to Legalese more information about admission requirement in Mississippi please contact the Board of Bar
Juror's Guide
MS Volunteer Lawyers Project
Admission at 601-576-4620 or visit their web site at www.mssc.state.ms.us
Media Resources
Frequent Questions
Advertise, Sponsor & Exhibit

How do I get to The Mississippi Bar Center?

Law as a Career
The Mississippi Bar Center if located at 643 North State Street in Jackson. To reach the Bar
High School Mock Trial Center, exit I-55 at the High Street exit and travel west to State Street. Turn right onto State
Lawyer in Every Mississippi Street heading North. The Mississippi Bar Center is the fourth building on the left. There is
Classroom
Consequences of DUI parking for visitors on the side and in the rear of the building.
Consequences of Misconduct
in School
Law Day Art Contest

Online Directory
Membership Directory Book

Search the Directory
Supreme Court Order
Mediation Training Providers
Mediators Directory Application
Become a Mediator

1 of 2 8/1/2010 9:57 AM

The Mississippi Bar Association - Frequent Questions https://www.msbar.org/frequent_questions.php

Brief History & Purpose
Officers & Trustees
Annual Meeting
Fellows
IOLTA
Kids' Chance
Lawyers Emergency
Assistance Fund
Annual Report

Home | More Navigation | Mississippi Website Design and Hosting by U.S. NetworX.

2 of 2 8/1/2010 9:57 AM

The Mississippi Bar Association - Complaint https://www.msbar.org/complaint.php

11:56 AM

Below, you will find information on the Complaint Procedure of The Mississippi Bar. To request
a Complaint Form, e-mail gwaddle@msbar.org. Please provide a mailing address as Complaint
History Forms cannot be faxed or e-mailed.
Mission & Goals
Officers & Board PLEASE NOTE: You cannot obtain a refund of fees from an attorney by filing a Bar Complaint.
ByLaws
Annual Report Please see the "How about fee disputes?" section below.
Past Presidents
Directions to Bar Center
Conference Rooms
Lawyers' standards are high

Member Services
Casemaker Most lawyers are reputable. We sincerely try to do all we can on behalf of our clients. We value
CLE Seminars
Calendar of Events our good reputation. We want to do all we can to resolve the difficulties which have arisen
Ethics Opinions between you and the lawyer about whom you have the complaint.
Professionalism We know that only a few lawyers engage in misconduct; it is our responsibility to do something
Publications about it. Even when there has been no unethical conduct, but only a misunderstanding, we want
Address Change very much to clear up the misunderstanding. The procedures established by The Mississippi
Committees Bar and adopted by the Supreme Court of Mississippi for dealing with your complaint are
Sections designed to provide a thorough review of the matter and to resolve it in a way which is fair both
Young Lawyers Division
to you and the lawyer involved.
Bar Store
Frequent Questions
What are a lawyer's obligations?

Law You Can Use All lawyers promise when they enter the practice of law to uphold the law and to be guided by
Consumer Assistance Program
Complaint Procedure the rules of ethics adopted by the Supreme Court of Mississippi, known as the Rules of
Guide to Legalese Professional Conduct. Lawyers who violate these professional standards are subject to
Juror's Guide
MS Volunteer Lawyers Project discipline.
Media Resources
Frequent Questions However, lawyers are human. Some are more competent than others. Sometimes a lawyer
Advertise, Sponsor & Exhibit makes a mistake. If it causes a loss, the client may be able to recover the loss from the lawyer
in a court of law. However, a mistake or error in judgment is not unethical conduct. A lawyer
may be disciplined only for violating the standards of professional conduct.
Law as a Career
High School Mock Trial
Discipline of a lawyer must be considered very carefully since it may drastically affect the
Lawyer in Every Mississippi lawyer's career, reputation and ability to earn a living. You can understand therefore, that it takes
Classroom more than a claim of unethical conduct to justify the imposition of discipline. It takes evidence -
Consequences of DUI
Consequences of Misconduct proof of unethical conduct - to justify discipline of a lawyer, just as it takes proof before you or
in School any member of society may be penalized for wrongdoing.
Law Day Art Contest
Filing a complaint of unprofessional conduct against a Mississippi lawyer is a serious matter. It
immediately puts into action the investigative and judicial processes of The Mississippi Bar. By
Online Directory
law, the Bar is an arm of the Supreme Court of Mississippi which receives and investigates
complaints alleging unethical conduct by lawyers licensed in Mississippi. The lawyer inevitably
suffers from the accusation, regardless of whether any misconduct is ultimately found. But, if
Search the Directory you believe the complaint is well-founded, by all means make it! A complaint cannot be
Supreme Court Order withdrawn once it has been received in this office.
Become a Mediator On the other hand, if you feel that the complaint may be the result of inadequate communication
- lack of sufficient agreement or some misunderstanding - it may be that the problem can best

1 of 5 8/1/2010 9:56 AM


be solved by a frank talk with the lawyer. Explain your dissatisfaction, and ask for a full
Brief History & Purpose explanation of the matter involved. Such discussion will often eliminate or lead to a solution of
Officers & Trustees
Annual Meeting
the problem.
Fellows
IOLTA
Kids' Chance
Lawyers Emergency What can I expect?
Assistance Fund
Annual Report

You can expect that your complaint will receive prompt and full attention.
You can expect that every attempt will be made to deal with your complaint in a manner which is
fair both to you and to the lawyer about whom you complained.
You can expect to receive written notice of the final decision concerning your complaint.
The Mississippi Bar's complaint procedure is designed to provide an orderly and just way to
deal with complaints against an attorney. We sincerely hope that the problem which gave rise to
your complaint will be resolved in a manner which you find to be both effective and fair.

What shouldn't I expect?

You should not expect your complaint to be decided just on what you say or claim to have
happened. Nor in fairness to you, can the attorney about whom you complain expect the matter
to be decided just on the basis of his or her version of what happened. The final decision
depends upon the weight of all the available evidence and testimony.
You should not expect to receive any money or to recover any losses because of your
complaint. You must seek recovery of any money or property loss you may claim was caused
by a lawyer from that lawyer. The Mississippi Bar complaint procedure is limited to the question
of a lawyer's ethical fitness to practice law.
You should not expect The Mississippi Bar to give you legal advice or legal services either in
place of the services you expected from your attorney or against your attorney. The Bar may
only act to enforce the Rules of Professional Conduct upon Mississippi lawyers.

How much does it cost and how long does it take?

It costs you nothing to file a complaint against a Mississippi lawyer. However, you should be
prepared to submit documents to The Mississippi Bar and to appear at any hearings before the
General Counsel at your own expense. If there is a trial before a Complaint Tribunal, you may
be reimbursed for travel to the place of the trial. The Mississippi Bar will pay the cost and
expenses of the investigation of your complaint and the prosecution of any Formal Complaint. If
the attorney is disciplined by either the Complaint Tribunal or the Supreme Court of Mississippi,
the lawyer may be ordered to repay The Mississippi Bar the costs incurred by the Bar in
investigating and prosecuting the complaint.
It is difficult to project how long it will take to deal with any particular complaint. The time
required depends on what is involved in the complaint and whether or not the facts are in
dispute. Many complaints are resolved within sixty days, others may take from four to eight
months and some complicated complaints, particularly those which go to a Complaint Tribunal,
may take two years. In all instances, your complaint will be handled as quickly as the particular
facts and circumstances allow.

Is there a trial?

In an investigation by the General Counsel, you will be asked to give testimony. However, the

2 of 5 8/1/2010 9:56 AM


hearing before the General Counsel is not a trial even though you will be under oath and will be
questioned by the General Counsel and by the attorney. If you wish, you may have your own
lawyer come to the investigatory hearing and question you as well as any witnesses who may
appear. Except in unusual circumstances, the hearing before the General Counsel will take place
in Jackson, Mississippi, and you and your witnesses as well as the witnesses for the attorney
will be asked to come to the hearing voluntarily.
If the Committee on Professional Responsibility instructs the General Counsel to file a Formal
Complaint, there will be a trial before a Complaint Tribunal. A Complaint Tribunal is composed
of three lawyers, one of which is a judge, appointed by the Supreme Court of Mississippi. The
Tribunal acts according to the rules and the laws pertaining to Chancery Courts in Mississippi. In
most cases, you will be expected to testify at the trial. Of course, witnesses on your behalf and
on behalf of the attorney will also be heard at the trial and the attorney or his lawyer along with
General Counsel will have the opportunity to examine or cross-examine all witnesses, including
yourself, who appear before the Complaint Tribunal.
At the conclusion of the trial, the Tribunal will make a decision as to what action should be taken.
The Tribunal may dismiss the case without any discipline, or it may issue a private or public
reprimand to the lawyer, or it may suspend or disbar the lawyer from the practice of law.
Decisions of the Complaints Tribunal are appealable to the Supreme Court of Mississippi.
Once the Tribunal or Court's decision becomes final, you will be notified.

What is the next step?

When the committee first reviews General Counsel's report, it will decide whether or not the
complaint should be dismissed, referred to General Counsel for additional investigation, or
referred to General Counsel for filing of a Formal Complaint. The Committee will dismiss your
complaint upon its first review if it determines that there has been no unprofessional or unethical
conduct by the attorney. If the Committee feels that it needs additional information it may send
the complaint back to General Counsel for further investigation. If that decision is made, you
and the attorney will be notified by the Committee and soon thereafter, you will receive an
additional request for information and notice of any hearings which may be held.
The attorney will be given a copy of all information obtained in the course of investigating your
complaint. The attorney will be given the opportunity to respond to General Counsel's reports
and the other information presented.
After General Counsel has conducted an investigation, the report will be sent to the Committee
on Professional Responsibility and the attorney. After the Committee reviews the report, it may
dismiss the complaint if it determines that the complaint is without merit. If the Committee finds
a major ethical violation which does not warrant disciplinary action but which should not be
dismissed as being without merit, the Committee may issue a letter admonishing the attorney.
The admonishment is not considered discipline but the attorney has the right to request that
formal proceedings be held to determine whether or not the attorney acted unethically.
If the Committee decides that the attorney may be guilty of unprofessional or unethical conduct
which may warrant some form of discipline, the Committee will direct General Counsel to file a
Formal Complaint with the Supreme Court of Mississippi.
Regardless of what final decisions the Committee on Professional Responsibility may make,
you will be given notice in writing of the decision.

What is the Committee on Professional Responsibility?

The Committee on Professional Responsibility is composed of six volunteer lawyers who have
been carefully selected because of their sense of professional responsibility. Members of the
committee are appointed by the President of The Mississippi Bar.

3 of 5 8/1/2010 9:56 AM


The Committee on Professional Responsibility must review each complaint which is filed with
The Mississippi Bar. After a complaint has been filed, it cannot be dismissed or withdrawn by
you. All complaints must be disposed of by the Committee on Professional Responsibility.

What happens next?

Your complaint and the attorney's response is then reviewed by the General Counsel's Office of
The Mississippi Bar. The Office of the General Counsel may conduct an investigation and you
or the attorney may be asked to provide additional information. There may also be an
investigatory hearing in which you may be asked to testify. General Counsel will then submit the
complaint together with the attorney's response, General Counsel's report and the transcripts, if
any, from the hearings, to the Committee on Professional Responsibility of The Mississippi
Bar.

Will the attorney know about my complaint?

Yes. The lawyer you complain against is normally sent a copy of the complaint as soon as it is
received by The Mississippi Bar. By doing so, the attorney is given an opportunity to answer
your complaint. Allowing the attorney to answer the complaint is helpful in a number of ways.
For example, there may only be a communication problem between you and the attorney and
the complaint may help to clear up the problem. Also, by allowing the attorney an opportunity to
respond, the Committee on Professional Responsibility can make a more informed and
knowledgeable decision when it reviews your complaint.

How and where do I file a complaint?

You may file a complaint against a Mississippi lawyer by contacting The Mississippi Bar. You
should call or write The Mississippi Bar to request a complaint form. The address and
telephone number are listed elsewhere in this brochure. The Mississippi Bar will be happy to
furnish you a form on which your complaint can be written.
A complaint must be signed by the complaining party and contain the name, address, and
phone number of the complainant; the name and address of the accused attorney; all important
information upon which you base the complaint; a listing of all witnesses together with their
addresses and phone numbers, if known. It should be typewritten or printed in black ink to be
sure that it is readable and can be copied. If letters, agreements, or other documents are
involved, copies should be included if possible.
The complaint, when initially submitted should be as complete as possible. Conclusions should
be avoided unless evidence is presented to support the conclusion.

Why a complaint procedure?

The purpose of The Mississippi Bar complaint procedure is to discipline a lawyer if it is
deserved. Discipline is imposed after a fair and thorough investigation.
The Mississippi Bar does not and cannot render legal services or give legal advice to any
person making a complaint.
Furthermore, any loss the client may have sustained as a result of the matter involved cannot be
recovered through disciplinary proceedings. The lawyer may be punished, but if the complaining
party has suffered financial or property loss, his or her rights must be enforced by the usual

4 of 5 8/1/2010 9:56 AM


legal methods against the person responsible for the loss.

How about fee disputes?

Fee disputes generally are handled by a separate Bar procedure since they usually do not
involve questions of ethics or professional conduct. The appropriate Committee is the
Resolution of Fee Dispute Committee.
Most fee disputes result from a lack of understanding by the client of the basis for the charges
and of what goes into the charges for a lawyer's services. The lawyer may be at fault because
of a failure to make the client aware of what is involved. Clients are often reluctant or
embarrassed to discuss fees with their lawyers. They should not be. Under the Rules, the lawyer
has an obligation to discuss fees with the client.
When the client and the lawyer are unable to reach an understanding and there is a controversy
over fees, the matter, like any other dispute over the value of goods or services, may be
resolved in a court of law. However, if there is a dispute over fees in addition of unprofessional
conduct, a petition may be filed with the Bar. The Resolution of Fee Dispute Committee will
handle this type of dispute.

What kind of discipline is possible?

Discipline of lawyers in Mississippi can range from a private reprimand to a public reprimand,
suspension from the practice of law, or disbarment. Only a Complaint Tribunal or the Supreme
Court may impose discipline against an attorney.


5 of 5 8/1/2010 9:56 AM

The Mississippi Bar Association - 9 Problems With Your Lawyer https://www.msbar.org/9_problems_with_your_lawyer.php

11:55 AM

How do you find a lawyer? | Are there other resources? | What kind of lawyer? | What
does legal help cost? | How are lawyers paid? | How to work with your lawyer | Problems
with your lawyer
History
Mission & Goals
Officers & Board
ByLaws If you have a fee dispute with you lawyer, consider arbitration as an option. Some bar
Annual Report
Past Presidents associations provide free arbitration of fees. If you find or suspect a lawyer's conduct to be
Directions to Bar Center unethical, you should make a complaint to the appropriate disciplinary agency by contacting your
Conference Rooms
local bar association or the highest court in the state. The fifty state supreme courts may disbar,
suspend, or censure a lawyer for unprofessional conduct. Under no circumstances should you
Member Services
feel it is necessary to continue to be represented by a lawyer once you have discharged him. But
Casemaker don't act hastily. Often a conference with the lawyer can ease your concerns. He or she may not
CLE Seminars be aware of your dissatisfaction. And note: the dismissed lawyer may be entitled to a fee for
Calendar of Events
Ethics Opinions services actually rendered.
Professionalism
Publications
Address Change
Committees
Sections
Young Lawyers Division
Bar Store
Frequent Questions

Law You Can Use
Consumer Assistance Program
Complaint Procedure
Guide to Legalese
Juror's Guide
MS Volunteer Lawyers Project
Media Resources
Frequent Questions
Advertise, Sponsor & Exhibit

Law as a Career
High School Mock Trial
Lawyer in Every Mississippi
Classroom
Consequences of DUI
Consequences of Misconduct
in School
Law Day Art Contest

Online Directory

Search the Directory
Supreme Court Order
Become a Mediator

1 of 2 8/1/2010 9:55 AM

The Mississippi Bar Association - 9 Problems With Your Lawyer https://www.msbar.org/9_problems_with_your_lawyer.php

Brief History & Purpose
Officers & Trustees
Annual Meeting
Fellows
IOLTA
Kids' Chance
Lawyers Emergency
Assistance Fund
Annual Report


2 of 2 8/1/2010 9:55 AM

Resource packet part 1

Recomendados

Recomendados

Más contenido relacionado

Similar a Resource packet part 1

Similar a Resource packet part 1 (20)

Resource packet part 1