New York Attorney Response To Request For Fee Arbitration

State:
New York
Control #:
NY-UCS-137-5A
Format:
PDF
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Attorney Response To Request For Fee Arbitration

New York Attorney Response to Request for Fee Arbitration is the process of resolving disputes between attorneys and their clients over legal fees. This process is facilitated by the New York State Bar Association (NY SBA). In order to initiate the process, the client must submit a written request to the NY SBA, and the attorney must respond within a certain time frame. The response by the attorney can take one of three forms: consent to arbitration, denial of arbitration, or counteroffer. If the attorney consents to arbitration, the NY SBA will appoint an arbitrator to hear the case. If the attorney denies arbitration, the client can appeal the decision or take legal action against the attorney. If the attorney makes a counteroffer, the client has the right to either accept or reject it. The NY SBA also provides a grievance process for clients who feel they have been wronged by an attorney during the fee arbitration process. The client must submit a written complaint to the NY SBA, which will then investigate the matter. If the complaint is found to be valid, the NY SBA can issue a reprimand, impose sanctions, or even revoke the attorney's license.

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FAQ

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.

Under most arbitration rules, an Answer or Response to a Request for Arbitration must include the respondent's name and contact details, the name and contact details of its representative, its preliminary comments on the dispute, its response to the relief sought by the claimant, its observations and proposals

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.

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.

More info

Attorney Response To Request For Fee Arbitration Form. To initiate the FDRP proceeding, complete the Client Request for.If the attorney has already filed a lawsuit against you for unpaid fees, you may elect to either respond to the lawsuit or to request fee arbitration. The attorney must send you a formal notice of your right to seek fee arbitration before the attorney may file a lawsuit to recover their legal fee. To respond to the petition filed in this mandatory fee arbitration proceeding, please accurately and clearly complete this form. Complete Arbitration Packet. (If you are an attorney initiating fee arbitration, use the "Attorney Request for Arbitration of a Fee Dispute" packet). The fee structure relates to the amount in dispute, not the total amount of attorney fees. To initiate fee arbitration, you must complete a fee arbitration request form (see link on the right) and submit the filing fee indicated on the request form. A copy of the petition will be forwarded to the attorney in question.

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New York Attorney Response To Request For Fee Arbitration