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Fee Dispute Arbitration: Answers to your questions
What is fee dispute arbitration? The Board of Governors of the State Bar of Nevada has appointed a Fee Dispute Arbitration Committee to assist clients and their attorneys in settling fee disputes.
The Committee has authority to decide any disagreement between a client and attorney concerning the fee paid, charged or claimed for legal services provided by an attorney licensed to practice in Nevada, or licensed in another state and practicing in this state under Supreme Court Rule 42, where there is an expressed or implied contract establishing an attorney-client relationship.
The Committee does not have jurisdiction in the following matters: 1) disputes over
which a court has fixed the fee, Who should file a fee dispute? It is best if an attorney and client can come to an agreement by taking time to communicate. Often, a meeting between the attorney and client, during which concerns are openly discussed, can resolve the problem. However, if all efforts at agreement have failed, any attorney or client may wish to take advantage of this service. You may file a fee dispute by downloading the "Petitioner's Agreement for Arbitration of Fee Dispute," here at our website, writing the Fee Dispute department to request a packet or calling the Las Vegas office of the State Bar of Nevada and requesting the forms, which must be filled out and returned to the Fee Dispute Department in the State Bar's Las Vegas office. Upon receipt of the completed Petitioner's Agreement, the other party is sent a copy and asked to respond. Assuming that response is received (and it usually is), if both the client and attorney agree, a mediator may be appointed to informally meet with the parties in an attempt to resolve the dispute by agreement. If agreement cannot be reached, the dispute will proceed to arbitration. The complete file is forwarded to the Regional Fee Dispute Chair to be assigned to an arbitrator or panel of arbitrators. A hearing is held with the parties involved. After the hearing, the arbitrator(s) will make a decision and send that decision to the Regional Chair for distribution to the parties. You will be notified at each step of the dispute process. What happens if an attorney refuses to agree to arbitration? If an attorney fails to sign the arbitration agreement, an arbitration may proceed without him or her. If the client prevails, a Committee member may often, at the discretion of the Regional Chair, be appointed to 1) represent the client in court at no charge to initiate a suit for a refund of any portion of a fee found to be excessive or 2) defend the client if the attorney sues for collection of any portion of the fee not yet paid which has been determined to be excessive. What happens if the attorney has filed suit against me already? A fee dispute may be submitted up until the time a judge makes a decision on the matter. If you are asked to appear in court before your fee dispute has finished, you may advise the judge that you have submitted a fee dispute to the State Bar of Nevada and ask the judge to delay the matter until it has been arbitrated. However, if the judge does not grant your request and makes a decision, the Fee Dispute Committee cannot proceed with arbitration. Who makes up an arbitration panel? If the dispute involves $10,000 or less, one arbitrator is assigned. This arbitrator must be an attorney. Disputes above $10,000 involve a three-member panel made up of two attorneys and one non-attorney. What can you expect from the State Bar? You can expect us to treat your fee dispute promptly and fairly. We are genuinely concerned about your dispute and will handle it as quickly as possible. What should you not expect from the State Bar? You will not receive any individual legal advice on any subject except to be advised with respect to the handling of the fee dispute? Where should you write or call to contact the Fee Dispute Department? The “Petitioner’s Agreement for Arbitration of Fee Dispute” form can be obtained from the Las Vegas office of the State Bar. It is free. The completed agreement form and supporting documents must be returned to the Las Vegas Fee Dispute Department.
Fee Dispute Petitioner's Agreement for Arbitration of Fee Dispute
Questions? 702-382-2200
State Bar of Nevada 600 E. Charleston Blvd
Las Vegas, NV 89104
marcm@nvbar.org |
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