Like all business transactions, there are times when a client and
their attorney may have a dispute over the attorney's bill. California
Business & Professions Code, ARTICLE 13 ARBITRATION OF ATTORNEYS'
FEES § 6200 - 6206 is the basis for the State Bar of California
Mandatory Fee Arbitration Program. The program is set-up to provide a
consumer-friendly option for resolving client/attorney fee disputes.
If you dispute the fees and/or costs in the bill from your attorney, the first thing you should do is follow any instructions in your fee agreement about how and when to contact your attorney if there is a problem with your bill. If there are no instructions, contact your attorney immediately about your concerns. It is a good idea to deal with the situation while the details are fresh.
You may find it helpful to remind yourself that although the case you hired the attorney to handle may be very emotional for you, the relationship you have with your attorney is a business arrangement. So, keep good records and be professional.
At the end of your case or of the attorney's representation, if there is still a fee dispute or one has arisen, under B&P § 6200 - 6206 unless parties agreed in writing to submit their fee disputes to fee arbitration, fee arbitration is voluntary for the client, but is mandatory for an attorney if commenced by a client.
ARBITRATION is a process by which parties to a dispute present the dispute to one or more individuals called arbitrators who decide the merits of the dispute based upon evidence presented and issue an award that may or may not be binding. The AWARD is the decision of the arbitrator or arbitrators in the fee arbitration proceeding.
When a dispute over fees arises the attorney must give the client the California State Bar approved "Notice of Client's Right to Arbitration" form when filing a lawsuit for fees or when initiating arbitration through an alternative program. Read the form carefully. It tells you that "Clients lose their right to arbitration under this program if they do not file a written application for arbitration with the bar association within 30 days from receipt of the "Notice of Client's Right to Arbitration" using a form provided by the local bar association or by filling with the State Bar of California Fee Arbitration Program, if the local bar association does not have a program."
If you do not understand your rights or need legal advice, contact your local county bar association Lawyer Referral & Information Service to schedule a consultation with an attorney. Generally, these referral services charge a nominal fee and set-up an initial consultation for you with an experienced attorney.
A question often arises over the difference between NON-BINDING and BINDING arbitration. NON-BINDING is an arbitration in which the award of the arbitrator is advisory. However, it will become binding if you do not file an action or other proceeding with the proper court within 30 days after the arbitration award has been served. BINDING is an arbitration in which the award of the arbitrator(s) is final and binding on the parties. There are very limited grounds for overturning a binding award.
Under B&P Code 6200 parties may only agree in writing to BINDING arbitration AFTER a dispute over fees, costs, or both has arisen. This means that you have the choice between non-binding or binding arbitration at the time you file for fee arbitration under this program. Keep in mind that all parties have to agree to binding arbitration in order for an award to be binding. An award cannot be binding on just one party.
Some fee arbitration programs offer mediation as an optional step in the fee arbitration process. MEDIATION is a process in which an impartial person helps individuals and entities resolve conflicts by shaping a solution in a private, confidential and cooperate setting. Mediation is voluntary for an attorney and a client, so both parties must agree to mediation
Article Source: http://EzineArticles.com/6172921
If you dispute the fees and/or costs in the bill from your attorney, the first thing you should do is follow any instructions in your fee agreement about how and when to contact your attorney if there is a problem with your bill. If there are no instructions, contact your attorney immediately about your concerns. It is a good idea to deal with the situation while the details are fresh.
You may find it helpful to remind yourself that although the case you hired the attorney to handle may be very emotional for you, the relationship you have with your attorney is a business arrangement. So, keep good records and be professional.
At the end of your case or of the attorney's representation, if there is still a fee dispute or one has arisen, under B&P § 6200 - 6206 unless parties agreed in writing to submit their fee disputes to fee arbitration, fee arbitration is voluntary for the client, but is mandatory for an attorney if commenced by a client.
ARBITRATION is a process by which parties to a dispute present the dispute to one or more individuals called arbitrators who decide the merits of the dispute based upon evidence presented and issue an award that may or may not be binding. The AWARD is the decision of the arbitrator or arbitrators in the fee arbitration proceeding.
When a dispute over fees arises the attorney must give the client the California State Bar approved "Notice of Client's Right to Arbitration" form when filing a lawsuit for fees or when initiating arbitration through an alternative program. Read the form carefully. It tells you that "Clients lose their right to arbitration under this program if they do not file a written application for arbitration with the bar association within 30 days from receipt of the "Notice of Client's Right to Arbitration" using a form provided by the local bar association or by filling with the State Bar of California Fee Arbitration Program, if the local bar association does not have a program."
If you do not understand your rights or need legal advice, contact your local county bar association Lawyer Referral & Information Service to schedule a consultation with an attorney. Generally, these referral services charge a nominal fee and set-up an initial consultation for you with an experienced attorney.
A question often arises over the difference between NON-BINDING and BINDING arbitration. NON-BINDING is an arbitration in which the award of the arbitrator is advisory. However, it will become binding if you do not file an action or other proceeding with the proper court within 30 days after the arbitration award has been served. BINDING is an arbitration in which the award of the arbitrator(s) is final and binding on the parties. There are very limited grounds for overturning a binding award.
Under B&P Code 6200 parties may only agree in writing to BINDING arbitration AFTER a dispute over fees, costs, or both has arisen. This means that you have the choice between non-binding or binding arbitration at the time you file for fee arbitration under this program. Keep in mind that all parties have to agree to binding arbitration in order for an award to be binding. An award cannot be binding on just one party.
Some fee arbitration programs offer mediation as an optional step in the fee arbitration process. MEDIATION is a process in which an impartial person helps individuals and entities resolve conflicts by shaping a solution in a private, confidential and cooperate setting. Mediation is voluntary for an attorney and a client, so both parties must agree to mediation
Article Source: http://EzineArticles.com/6172921
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