ATTORNEY FEE HU$TLE
Dispute Options
OPTIONS FOR ADDRESSING DISPUTED ATTORNEY FEES:
1. Discuss the charges with your attorney – Begin with a conversation and ask your attorney to explain the specific charges that you are questioning. Providing a copy of your audit can help identify the disputed entries and the reasons you are questioning them.
2. Consider a state bar complaint – If you believe your attorney's billing involves a violation of your jurisdiction's rules of professional conduct, you may be able to file a complaint with the attorney disciplinary authority. A disciplinary complaint is different from a fee dispute proceeding, so it is important to understand the purpose and procedures of each. Check with the disciplinary authority in your jurisdiction for available remedies and filing requirements. A list of State Bar Associations is provided in Reader Resources.
3. Explore mediation or fee arbitration – Many state and local bar associations offer programs for resolving attorney-client fee disputes outside of court. Mediation or arbitration may provide a less formal and less costly forum for resolving a billing dispute. Eligibility, procedures, costs, deadlines, and whether an arbitration award is binding vary by jurisdiction. Check with your state or local bar association for available programs. Depending on the circumstances, consultation with an independent attorney may also be advisable.
4. Evaluate legal action – Depending on the circumstances and applicable law, a client may have the option of pursuing a claim in court. Litigation can involve filing deadlines, costs, procedural requirements, and legal issues that may warrant consultation with an independent attorney.