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

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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

Nationwide, the average percentage lawyers take from a settlement can range from 25% to 75%. Depending on a number of factors, these percentages change when comparing a car accident settlement, to a disability claim, or a medical malpractice case for example.

While there aren't many statistics available on the subject, anecdotally, attorneys' fees tend to average between 1% to 7% of the estate. Proportionally, smaller estates tend to pay a higher percentage in attorneys' fees because there is a certain base amount of work that must be done no matter the size of the estate.

Damage Caps for North Carolina Pain and Suffering Claims However, there is a cap on pain and suffering damages in medical malpractice cases, which is $500,000.

Hourly rates in North Carolina Lawyers in North Carolina typically charge between $84 and $392 per hour, with the average being $254. For comparison, District of Columbia has the highest average hourly rate at $392 while West Virginia has the lowest average hourly rate at $162.

The contingency fee for most of our Raleigh personal injury cases is one-third (or 1/3), though our Raleigh trial lawyers may charge a slightly higher fee for unusually complex or difficult cases. You may find that other law firms charge a higher contingency fee or increase their fees if you decide to go to trial.

Instead, we receive a percentage of any settlement or court award as our legal fee. If our attorneys win on your behalf, our maximum fee is 33 1/3% of the total money obtained through a settlement or court award. Many lawyers charge 40% and sometimes up to 50% of the total amount recovered.

In any civil action, special proceeding, or estate or trust proceeding, the court, upon motion of the prevailing party, may award a reasonable attorney's fee to the prevailing party if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party in any ...

Contingency fees mean you will pay the lawyer a certain percentage of the money you receive if you win the case or settle the matter out of court. If you lose your case, the lawyer does not receive any payment from you.

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