Part 137 Resources
- Part 137: Part 137 of the Rules of the Chief Administrative Judge
- Standards & Guidelines: Guidelines to accompany the Part 137 Rule (Update 3/2004, Section 10 Training of Arbitrators)
- Part 137 Online Arbitration Guidelines: Guidelines for conducting online arbitrations
- Administrative order: AO 260/01 adopting Part 137
- Part 137 Model Forms: Model UCS Forms developed by the Board of Governors for use by parties and the local programs (go to the local program page for the Client Request for Fee Arbitration form 137-4a)
- Part 137 Case Summaries
- Attorney-Client Fee Dispute Resolution Program Records Destruction and Retention Guidelines and Affirmation: For use by local programs
- How to apply to volunteer as a Part 137 Arbitrator
Rules & Resources Relating to the Attorney-Client Relationship
- Letter of Engagement Rules
- Rules of the Appellate Courts - Retainer & Closing Statements schedules for contingency fees
- PART 1200 - Rules of Professional Conduct
- Statement of Client's Rights and Responsibilities
- New York State Bar Association's Committee on Professional Ethics
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.
- 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.
- 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.