Maine Notice to Client of Client's Right to Arbitrate Dispute over Attorney's Fees

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Multi-State
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US-02641BG
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Description

Arbitration is an alternative means of settling a dispute by impartial persons without proceeding to a court trial. It is sometimes preferred as a means of settling a matter in order to avoid the expense, delay, and acrimony of litigation. There is no discovery and there are simplified rules of evidence in arbitration. The arbitrator or arbitrators are selected directly by the parties or are chosen in accordance with the terms of a contract in which the parties have agreed to use a court-ordered arbitrator or an arbitrator from the American Arbitration Association.


Courts have the inherent authority to supervise the charging of fees for legal services under their power to regulate the practice of law. A growing number of states, the courts and bar associations are seeking to encourage out-of-court resolution of fee disputes between attorneys and clients in alternative dispute resolution programs established and administered by bar associations. Typically these programs provide a client with the opportunity to voluntarily submit a fee dispute to either arbitration or mediation.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

There are two main types of costs in arbitration ? administrative fees paid to the American Arbitration Association, and arbitrator compensation and expenses paid to the arbitrator who decides the case.

If an attorney is claiming that you owe an outstanding balance of fees and/or costs, the attorney must forward a ?Notice of Client's Right to Arbitration? form approved by the State Bar to you prior to filing a lawsuit or other proceeding to collect the amount owed.

The State Bar's Mandatory Fee Arbitration Program is an informal, confidential, and lower-cost forum for resolving fee disputes between lawyers and their clients. This kind of arbitration is required for a lawyer if requested by a client. Most fee arbitration is conducted through local bar association programs.

A notice for arbitration is sent when a party wishes to submit the dispute with the other party to arbitration for resolution.

File a Complaint The Board of Overseers of the Bar in Maine is the state licensing board that regulates attorney conduct in Maine. To file a complaint, or learn more about grievance complaints against a Maine attorney, visit the Board of Overseers website. You may also download a grievance complaint form here.

"Arbitrators are less likely to be swayed by emotions and award punitive damages." However, some companies choose not to require arbitration agreements because of cost concerns or recruiting needs. In California, employers must pay the full amount of arbitration costs.

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Maine Notice to Client of Client's Right to Arbitrate Dispute over Attorney's Fees