This is an official form from the New York State Unified Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New York statutes and law.
Queens New York Standard Written Instructions and Procedures to Clients for the Resolution of Fee Disputes Pursuant to Part 137 of the Rules of the Chief Administrator provide a detailed framework for addressing fee disputes between attorneys and their clients. These instructions play a crucial role in promoting fair and swift resolutions, ensuring transparency throughout the process. Below are the key components of the standard instructions: 1. Fee Dispute Resolution Process: The Queens New York Standard Instructions outline a step-by-step procedure for resolving fee disputes through arbitration. This includes information on initiating the process, filing necessary documents, and the timeline for each stage. 2. Eligibility and Jurisdiction: The instructions clarify the criteria that must be met for a fee dispute to be considered pursuant to Part 137 of the Rules of the Chief Administrator. It outlines the types of disputes covered, which typically involve fees charged by attorneys in civil matters. 3. Notice Requirements: Clients are informed about the importance of notifying the attorney in writing, detailing the disputed fee and the reasons behind the dispute. These notice requirements ensure that attorneys have an opportunity to address the issue before formal arbitration is initiated. 4. Mediation Option: The standard instructions highlight the possibility of utilizing mediation as an alternative dispute resolution method. Mediation involves a neutral mediator helping parties find a mutually acceptable solution outside a formal hearing. This option is encouraged to promote amicable resolutions and potentially avoid the need for formal arbitration. 5. Arbitration Panel: The instructions explain the process of appointing the arbitration panel, which typically consists of three members. These panelists are usually experienced attorneys who are familiar with the rules and regulations pertaining to fee disputes. 6. Exchange of Information: Both the attorney and client are provided clear guidelines on exchanging relevant information and documents related to the fee dispute. This ensures a fair and informed resolution process. 7. Pre-hearing Procedures: The standard instructions outline the pre-hearing steps, including the scheduling of the initial conference and subsequent discovery, if necessary. The procedures also explain how parties can request an adjournment or withdrawal of the dispute. 8. Hearing Guidelines: Clients are informed about what to expect during the arbitration hearing, including rules of evidence, examination of witnesses, submission of exhibits, and the role of the panel in evaluating the evidence presented. 9. Award and Enforcement: In case of a successful resolution, the instructions detail the procedures for rendering an award and enforcing it. Clients are informed that the arbitration award is binding, subject to limited judicial review. It should be noted that while the Queens New York Standard Written Instructions provide a comprehensive framework for fee dispute resolution, there may be specific variations or additions that pertain to different practice areas or kinds of disputes. However, the core elements mentioned above generally apply across the board.Queens New York Standard Written Instructions and Procedures to Clients for the Resolution of Fee Disputes Pursuant to Part 137 of the Rules of the Chief Administrator provide a detailed framework for addressing fee disputes between attorneys and their clients. These instructions play a crucial role in promoting fair and swift resolutions, ensuring transparency throughout the process. Below are the key components of the standard instructions: 1. Fee Dispute Resolution Process: The Queens New York Standard Instructions outline a step-by-step procedure for resolving fee disputes through arbitration. This includes information on initiating the process, filing necessary documents, and the timeline for each stage. 2. Eligibility and Jurisdiction: The instructions clarify the criteria that must be met for a fee dispute to be considered pursuant to Part 137 of the Rules of the Chief Administrator. It outlines the types of disputes covered, which typically involve fees charged by attorneys in civil matters. 3. Notice Requirements: Clients are informed about the importance of notifying the attorney in writing, detailing the disputed fee and the reasons behind the dispute. These notice requirements ensure that attorneys have an opportunity to address the issue before formal arbitration is initiated. 4. Mediation Option: The standard instructions highlight the possibility of utilizing mediation as an alternative dispute resolution method. Mediation involves a neutral mediator helping parties find a mutually acceptable solution outside a formal hearing. This option is encouraged to promote amicable resolutions and potentially avoid the need for formal arbitration. 5. Arbitration Panel: The instructions explain the process of appointing the arbitration panel, which typically consists of three members. These panelists are usually experienced attorneys who are familiar with the rules and regulations pertaining to fee disputes. 6. Exchange of Information: Both the attorney and client are provided clear guidelines on exchanging relevant information and documents related to the fee dispute. This ensures a fair and informed resolution process. 7. Pre-hearing Procedures: The standard instructions outline the pre-hearing steps, including the scheduling of the initial conference and subsequent discovery, if necessary. The procedures also explain how parties can request an adjournment or withdrawal of the dispute. 8. Hearing Guidelines: Clients are informed about what to expect during the arbitration hearing, including rules of evidence, examination of witnesses, submission of exhibits, and the role of the panel in evaluating the evidence presented. 9. Award and Enforcement: In case of a successful resolution, the instructions detail the procedures for rendering an award and enforcing it. Clients are informed that the arbitration award is binding, subject to limited judicial review. It should be noted that while the Queens New York Standard Written Instructions provide a comprehensive framework for fee dispute resolution, there may be specific variations or additions that pertain to different practice areas or kinds of disputes. However, the core elements mentioned above generally apply across the board.
