Massachusetts Notice to Client of Client's Right to Arbitrate Dispute over Attorney's Fees

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Multi-State
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US-02641BG
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Description

Arbitration is an alternative means of settling a dispute by impartial persons without proceeding to a court trial. It is sometimes preferred as a means of settling a matter in order to avoid the expense, delay, and acrimony of litigation. There is no discovery and there are simplified rules of evidence in arbitration. The arbitrator or arbitrators are selected directly by the parties or are chosen in accordance with the terms of a contract in which the parties have agreed to use a court-ordered arbitrator or an arbitrator from the American Arbitration Association.


Courts have the inherent authority to supervise the charging of fees for legal services under their power to regulate the practice of law. A growing number of states, the courts and bar associations are seeking to encourage out-of-court resolution of fee disputes between attorneys and clients in alternative dispute resolution programs established and administered by bar associations. Typically these programs provide a client with the opportunity to voluntarily submit a fee dispute to either arbitration or mediation.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Parties may represent themselves at the arbitration hearing. Often they seek prior consultations with attorneys in order to develop a strategy for their presentation or a review of their legal position.

Attorney misconduct may include: conflict of interest, overbilling, false or misleading statements, knowingly pursuing frivolous and meritless lawsuits, concealing evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the ...

It is the responsibility of the Board of Bar Overseers and the Office of the Bar Counsel to see that the Rules of Professional Conduct are followed.

The ?Lodestar? Method. ?The basic measure of reasonable attorney's fees is a 'fair market rate for the time reasonably spent preparing and litigating a case. ' ? Stowe II, 417 Mass. at 203, quoting Fontaine v.

The most common disciplinary complaints filed against lawyers are for: Neglect. Lack of communication. Misrepresentation/Dishonesty. Scope of representation. Fee disputes/Excessive fees.

A clear statement of your complaint. This should be towards the top of your letter and should lay out exactly why you are dissatisfied. For example, if you believe the lawyer has lied to you, clearly state that you believe they have been dishonest. An easily understood statement of facts that back up your complaint.

Inquiries concerning the professional conduct of an attorney admitted to practice in Massachusetts may be initially handled by the Attorney and Consumer Assistance Program (ACAP) of the Office of the Bar Counsel. ACAP issues all complaint forms and can be reached at (617) 728-8750.

Section 8 of the Law provides that parties may include in a written agreement a grievance procedure with binding arbitration.

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Massachusetts Notice to Client of Client's Right to Arbitrate Dispute over Attorney's Fees