Maryland 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

(a) Except as provided in section (c) of this Rule, in representing a client, an attorney shall not communicate about the subject of the representation with a person who the attorney knows is represented in the matter by another attorney unless the attorney has the consent of the other attorney or is authorized by law ...

An attorney shall not be subject to discipline if the attorney's conduct conforms to the rules of a jurisdiction in which the attorney reasonably believes the predominant effect of the attorney's conduct will occur.

RULE 19-303.5. IMPARTIALITY AND DECORUM OF THE TRIBUNAL (3.5) [1] Many forms of improper influence upon a tribunal are proscribed by criminal law. Others are specified in Title 18, Chapter 100, Maryland Code of Judicial Conduct, with which an advocate should be familiar.

Rule 19-301.15 Safekeeping Property [MARPC 1.15] - Attorney Grievance Lawyer. (a) An attorney shall hold property of clients or third persons that is in an attorney's possession in connection with a representation separate from the attorney's own property.

[1] A firm may be designated by the names of all or some of its members, by the names of deceased or retired members where there has been a continuing succession in the firm's identity or by a trade name such as the ?ABC Legal Clinic.? A firm may not be designated by the names of non-attorneys. See Rule 19-305.4 (5.4).

Rule 19-301.8 - Conflict of Interest; Current Clients; Specific Rules (1.8) (a) An attorney shall not enter into a business transaction with a client unless: (1) the transaction and terms on which the attorney acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing ...

Rule 19-303.3 - Candor Toward the Tribunal (3.3) (a) An attorney shall not knowingly: (1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the attorney; (2) fail to disclose a material fact to a tribunal when disclosure ...

Prior to its revision, Rule 19-306.1 stated that lawyers have a professional responsibility to render pro bono service. As revised, Rule 19-306.1 maintains that responsibility and for guidance includes ?target hours?; that is, the rule states that lawyers should strive to render 50 hours a year of pro bono service.

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