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.
New Hampshire Notice to Client of Client's Right to Arbitrate Dispute over Attorney's Fees serves as an important communication tool between attorneys and their clients in New Hampshire. This notice outlines the client's right to resolve any potential disputes related to attorney's fees through arbitration, rather than pursuing litigation. Key Points Covered: 1. Attorney-Client Relationship: The notice explains that an attorney-client relationship has been established and that the client has engaged the attorney's services. 2. Fee Agreement: It mentions that both the attorney and client entered into a fee agreement, either oral or written, which sets out the agreed-upon compensation terms for the attorney's services. 3. Explanation of Arbitration: The notice provides a clear explanation of what arbitration entails. It describes the process as an alternative dispute resolution method where a neutral third party is appointed to review the case and make a binding decision. 4. Client's Right to Arbitrate: The notice emphasizes the client's right to choose arbitration as a means of resolving any disagreement related to attorney's fees. It emphasizes that this right may only be waived if the client voluntarily agrees to do so after full disclosure of the implications. 5. Right to Seek Legal Counsel: It advises the client to seek independent legal counsel to ensure they fully understand the consequences of agreeing to arbitration. 6. Contact Information: The notice includes the attorney's contact information, enabling the client to communicate their decision to proceed with arbitration or seek further clarification. Types of New Hampshire Notice to Client of Client's Right to Arbitrate Dispute over Attorney's Fees: 1. Initial Notice: This notice is typically provided at the outset of the attorney-client relationship, ensuring the client is aware of their rights and options in case a fee dispute arises. 2. Fee Dispute Notice: If a dispute over attorney's fees arises between attorney and client, this notice serves as a reminder of the client's right to pursue arbitration as a resolution method. 3. Withdrawal Notice: In the event that the attorney wishes to withdraw from representing the client due to a fee dispute, a notice is sent notifying the client of their right to arbitrate the dispute over attorney's fees even after the attorney's withdrawal. 4. Final Notice: This notice is given when all attempts to resolve the fee dispute through negotiation have failed, prompting the client to proceed with arbitration to reach a final resolution. By providing a comprehensive New Hampshire Notice to Client of Client's Right to Arbitrate Dispute over Attorney's Fees, attorneys seek to ensure transparency, fair resolution, and informed decision-making for their clients.New Hampshire Notice to Client of Client's Right to Arbitrate Dispute over Attorney's Fees serves as an important communication tool between attorneys and their clients in New Hampshire. This notice outlines the client's right to resolve any potential disputes related to attorney's fees through arbitration, rather than pursuing litigation. Key Points Covered: 1. Attorney-Client Relationship: The notice explains that an attorney-client relationship has been established and that the client has engaged the attorney's services. 2. Fee Agreement: It mentions that both the attorney and client entered into a fee agreement, either oral or written, which sets out the agreed-upon compensation terms for the attorney's services. 3. Explanation of Arbitration: The notice provides a clear explanation of what arbitration entails. It describes the process as an alternative dispute resolution method where a neutral third party is appointed to review the case and make a binding decision. 4. Client's Right to Arbitrate: The notice emphasizes the client's right to choose arbitration as a means of resolving any disagreement related to attorney's fees. It emphasizes that this right may only be waived if the client voluntarily agrees to do so after full disclosure of the implications. 5. Right to Seek Legal Counsel: It advises the client to seek independent legal counsel to ensure they fully understand the consequences of agreeing to arbitration. 6. Contact Information: The notice includes the attorney's contact information, enabling the client to communicate their decision to proceed with arbitration or seek further clarification. Types of New Hampshire Notice to Client of Client's Right to Arbitrate Dispute over Attorney's Fees: 1. Initial Notice: This notice is typically provided at the outset of the attorney-client relationship, ensuring the client is aware of their rights and options in case a fee dispute arises. 2. Fee Dispute Notice: If a dispute over attorney's fees arises between attorney and client, this notice serves as a reminder of the client's right to pursue arbitration as a resolution method. 3. Withdrawal Notice: In the event that the attorney wishes to withdraw from representing the client due to a fee dispute, a notice is sent notifying the client of their right to arbitrate the dispute over attorney's fees even after the attorney's withdrawal. 4. Final Notice: This notice is given when all attempts to resolve the fee dispute through negotiation have failed, prompting the client to proceed with arbitration to reach a final resolution. By providing a comprehensive New Hampshire Notice to Client of Client's Right to Arbitrate Dispute over Attorney's Fees, attorneys seek to ensure transparency, fair resolution, and informed decision-making for their clients.
