|
| Getting
Started - Clients |
| There
are three ways in which you can enter the FDRP. In
all three situations, the filing of a Request
for Fee Arbitration form officially starts the process. |
| 1. Your
lawyer has mailed you a Notice of Client’s Right
to Arbitrate. |
A dispute over
fees exists between you and your lawyer and he or she has
provided you with a form entitled “Notice of Client’s
Right to Arbitrate” (UCS 137-1). You now have
30 days to decide whether to utilize the FDRP by filing a
form entitled “Client Request for Fee Arbitration” (UCS
137-4a) with the appropriate local
program. Once you file
the Client Request for Fee Arbitration your attorney will
be required to participate in the FDRP unless your dispute
is one that the FDRP is not designed to handle.
If you do not file the Request for Fee Arbitration within 30 days, you lose your
right to utilize the FDRP and your lawyer will be free to take legal action. |
| 2. You have not received
the Notice of Client’s Right to Arbitrate. |
| You have not
received the Notice of Client’s Right to Arbitrate
from your lawyer but decided to look into the FDRP on your
own. If you believe you have a fee dispute you should
read the Fee
Dispute Brochure carefully. If you then want to use the
FDRP, complete the Client Request for Arbitration form by
downloading a packet from the local
program’s page
(UCS 137-4a) and file it with the local program. Once you
file this form, your attorney will be required to participate
in the FDRP unless your dispute is one the FDRP is not designed
to handle. |
| 3.
You and your lawyer have agreed ahead of time to use
the FDRP. |
You and your attorney previously
agreed in writing to resolve fee disputes through the FDRP
rather than in court. You probably agreed to this
option when your attorney first began representing you
and after you had the opportunity to read about the FDRP
and how it works. If you believe that you have a
fee dispute, you may simply file the Client Request for
Arbitration form (UCS 137 - 4a) with the local
program,
together with a copy of the agreement to arbitrate. Filing
the request form with the local program will start the
process and your attorney will be required to participate. Alternatively,
your attorney can start the process by filing a Request
for Arbitration with the appropriate local
program. If
your attorney starts the process, you will be required
to participate under the terms of your agreement. |
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Administration
