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4. Requesting Fee Arbitration
There are a number of ways in which you may find "alternate dispute resolution" useful for your problem. First, there may be a provision in your retainer agreement with your attorney for arbitration in the event of a fee dispute. Although it s unlikely that your attorney will voluntarily offer such a provision, it is something we recommend you consider negotiating with your lawyer before signing your engagement agreement.
Fee arbitration or mediation may be offered as a service of a local bar association or even the court itself. Make the inquiry. Typically, you and the attorney will have to reach an agreement to enter into arbitration, or mediation, once the dispute arises.
Keep in mind that it is common for an attorney suing a client to collect on an unpaid fee to be met with a counterclaim of legal malpractice. So your lawyer has yet another incentive for avoiding litigation and to agree to arbitrate such a dispute should it arise.
Finally, in some states, at least in certain types of practices, court rules require that a first effort at arbitration must be made when a fee dispute arises between attorney and client. Check this out with the office where your ethics complaint is filed. In New York state a matrimonial attorney must first submit to arbitration before suing a client over an unpaid fee.
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