New York Attorney Request For Fee Arbitration is a legal process whereby a lawyer and a client can have an independent third party review and resolve their fee dispute. The process, which is established and administered by the New York State Bar Association (NY SBA), is an alternative to litigation and helps alleviate the cost and time associated with resolving a fee dispute. The NY SBA Fee Arbitration Program is available to help attorneys and clients resolve disputes over fees for legal services provided by an attorney. There are two main types of New York Attorney Request For Fee Arbitration: voluntary arbitration and mandatory arbitration. In voluntary arbitration, both the lawyer and the client agree to have a fee dispute resolved by an arbitrator. Mandatory arbitration, on the other hand, is required by law and is triggered when the client files a complaint with the NY SBA. In either case, the arbitrator will review the facts and evidence presented by the lawyer and the client, and then make a decision regarding the fee dispute.
New York Attorney Request For Fee Arbitration
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FAQ
In the arbitration process, the parties choose the arbitrator, often based on expertise in a related field of law or industry. Litigation can be more expensive than arbitration due to the lengthy pre-trial discovery process and the appeals process.
Tit. 22 § 137.0 - Scope of program. This Part establishes the New York State Fee Dispute Resolution Program, which provides for the informal and expeditious resolution of fee disputes between attorneys and clients through arbitration and mediation.
The New York State court system has established a Statewide Fee Dispute Resolution Program (FDRP) to resolve attorney-client disputes over legal fees through arbitration (and in some cases mediation). The FDRP is established by Part 137 of the Rules of the Chief Administrator of the Courts.
Section 137.2 General. (a) In the event of a fee dispute between attorney and client, whether or not the attorney already has received some or all of the fee in dispute, the client may seek to resolve the dispute by arbitration under this Part.