Resources

Part 137 Resources

 

Rules & Resources Relating to the Attorney-Client Relationship

 

Terms

  • Fee Arbitration: Arbitration is a hearing conducted by one or more neutral persons who have special training and experience in the process. One arbitrator or a panel of three arbitrators (at least one of whom must be a non-lawyer) review the evidence and listen to the arguments on both sides and decide the outcome of the dispute. Fee arbitration is fair, inexpensive and usually faster than going to court.
  • Fee Dispute: a dispute over fees for professional legal services, including costs.
  • Fee Mediation: This is a process by which both sides meet with the assistance of a trained mediator to clarify issues and explore options for a mutually acceptable resolution. Mediation provides the opportunity for the client and attorney to discuss their concerns and reach a satisfactory result without going to court. Unlike an arbitrator, the mediator does not issue a decision. Participation in mediation is voluntary for the parties, and it does not waive their right to arbitration. A party may indicate their interest in resolving the dispute through mediation on the Request for Arbitration form. However, not every local program offers mediation.
  • Legal Advice: An opinion as to how the law works in a specific case. FDRP staff cannot give legal advice. If you want legal advice, you may want to speak to an attorney.
    • Arbitration is less formal than court, so a party does not necessarily need a lawyer to prepare for and/or represent the party at the hearing. However, it is up to a party whether to retain an attorney, at the party’s expense.

      The following resources are available for a party who does not retain an attorney and would like more information on handling the fee dispute process.
      1. CourtHelp: Help Centers
      2. CourtHelp: Find A Lawyer
      3. Bar Associations in New York State
  • Legal Information: explanations about rules and procedures, informing parties about options, and sharing relevant materials like case citations and forms and other resources. FDRP staff may give legal information.
  • Trial de novo: An action on the merits of the fee dispute. You go to court as if you had not gone to arbitration. The award is not introduced into evidence.