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Fee Arbitration Committee Contacts
The fee arbitration process is an alternative
method of resolving fee disputes between attorneys and clients.
In order to arbitrate a fee dispute, both
parties to the fee dispute must agree to submit the dispute
to the jurisdiction of the Fee Arbitration Committee. This
is done by the parties signing a Binding Arbitration Agreement
and sumbitting it to the Panel Chair. Once the agreement is
signed and submitted, the parties will be legally bound to
arbitrate the dispute and abide by the decision of the arbitration
panel. Neither party will be allowed to withdraw from the
arbitration unless so agreed by the other party to the dipute.
If there is a refusal to arbitrate by either side after the
agreement is signed, the other party may petition a court
to compel the arbitration.
The agreement to arbitrate only covers the
issues of attorney fees. The hearing panel may not make any
rulings on the conduct or ethics of the attorney. The panel,
either a single arbitrator, if the dispute is for an amount
less than $3,000.00 or a panel of three arbitrators, if the
dispute is for an amount over than $3,000.00, will base their
decision on the evidence relating to the value and validity
of the fees.
When the matter is submitted to the panel
of arbitrators, the panel will determine what is a reasonable
fee based upon the evidence and testimony presented. The fees
charged by the attorney and the client's estimation of the
fees may be considered, but the panel will reach a decision
independent of the suggestions.
In order to ensure an accurate determination
of fee, it is necessary that the panel know as much as possible
about the fee dispute and underlying circumstances. It is
then helpful to have available:
| 1. |
The attorney's bills to
the client |
| 2. |
Any available accountings
of the attorney's time; |
| 3. |
Fee agreements; |
| 4. |
Correspondence relating
to the fees; |
| 5. |
Copies of any relevant
work product; and |
| 6. |
In the absence of actual
time records,an affidavit setting forth reconstructed
hours. |
The parties will be given ample notice of
time and location of the hearing and the names of the members
who will be sitting on the arbitration panel.
The arbitrators may also ask questions of
either party as they deem appropriate. When the hearing is
concluded, the panel will review the fee dispute and render
a decision. The decision will be mailed to both parties within
10 business days of the hearing.
If a party does not comply with the decision,
it may be appealed to the Circuit Court of Baltimore County
to confirm the award of the arbitrators.
Questions about the Fee Arbitration Committee
or the Fee Arbitration process should be referred to the Chair
of the Fee Arbitration Committee.
Amount of Fees:
A lawyer's fee shall be reasonable. Factors to consider in
determining what is reasonable include:
| 1. |
The time and labor required
by the matter, |
| 2. |
The novelty and difficulty
of the issues presented, |
| 3. |
The skills necessary to
undertake the representation, |
| 4. |
The likelihood that acceptance
of one particular matter may limit the lawyer's ability
to take other similar matters or clients, |
| 5. |
The fee customarily charged
by other similarly situated lawyers in the same locality
for the same services, |
| 6. |
The amounts in dispute
and the results obtained, |
| 7. |
The time limitations imposed
by the client or the circumstances, |
| 8. |
The nature and length
of the professional relationship between the lawyer and
the client, |
| 9. |
The experience and reputation
of the lawyer or lawyers performing the services, |
| 10. |
Whether the fee is fixed
(i.e. a flat rate or hourly fee) or contingent (a percentage
or flat fee contingent on the outcome of a matter). |
Communication of Fee Arrangement with
Client:
When a lawyer has not regularly represented a client in the
past, the basis or rate for the lawyers fee shall be communicated
to the client, preferably in writing (but see below about
contingency fees), before or within a reasonable time
after the representation has begun.
Contingency Fees:
A fee may be contigent on the outcome of a representation.
The following rules apply to contingency fees:
| 1. |
contingency fees are prohibited
in domestic involving divorce, alimony, custody of a child
or child support or alimony or criminal cases. |
| 2. |
the terms of a contingent
fee must be communicated to the client in writing. |
| 3. |
At the conclusion of a
matter performed on a contingent basis, the lawyer must
communicate the outcome to the client in writing along
with a satement showing the remittance to the client and
the method by which it was calculated. |
BCBA Legal Fee Arbitration
Committee
The BCBA has established a Legal Fee Arbitration
Committee to resolve disputes between BCBA members and clients
concerning legal fees. For information about the services
provided by the Legal Fee Arbitration Committee, please contact:
Fee Arbitration Committee
Heather Martin, Executive
Director
410-337-9103
Thomas C. Ries - Chairperson
410-828-6100
Beverly Wallace - Vice-Chairperson
410-296-5331
Harry A. Baumohl
410-321-4477
Jonathan Claiborne
410-832-2025
Stewart Lyons
410-324-8931
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James McAteer
410-296-7430
Ronald Parker
410-335-3800
Frederick Raab
410-426-3000
Hon. I. Marshall Seidler
410-321-3366
Stacy LeBow Siegel
410-583-0404
Robert Thompson
410-296-6822
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