The intricacies of navigating legal fee disputes require a comprehensive understanding of the procedural avenues available for clients feeling aggrieved by their attorney's billing practices. At the heart of such a procedural journey in New Jersey lies the Attorney Fee Arbitration Request Form, a pivotal document overseen by the Office of Attorney Ethics. This form facilitates a structured approach allowing clients to challenge their attorney's fees through an arbitration process under the jurisdiction of the New Jersey Supreme Court. The process mandates the submission of an original along with five copies of the complaint, inclusive of all relevant attachments, accompanied by a non-refundable filing fee. Detailed within the form are sections requiring meticulous documentation about the attorney in question, the client's personal information, a comprehensive description of the legal services rendered, and the crux of the dispute over the fees charged. Moreover, the form probes whether there existed a written agreement outlining the fee structure, asks about any prior representation by the attorney or law firm, and inquires if the fee was contingent on the outcome of the case. Significantly, it explores whether the client was advised of their right to request fee arbitration, any existing legal actions initiated by the attorney for fee collection, and succinctly captures the client's reasons for contesting the total bill. This procedure is not only a testament to the avenues available for dispute resolution outside traditional courtroom litigation but also underscores the legal system's commitment to maintaining fairness, transparency, and accountability within the attorney-client relationship. Clients availing themselves of this option waive their right to take the dispute to court, agreeing instead to adhere to the arbitration determination, which is final and can only be appealed under narrowly defined circumstances such as fraud or significant procedural errors. This form, thus, stands as a critical measure for those seeking a resolution to disputes over legal fees, embodying a carefully constructed process that aligns with broader legal principles of justice and equity.
Question | Answer |
---|---|
Form Name | Fee Arbitration Request Form |
Form Length | 2 pages |
Fillable? | No |
Fillable fields | 0 |
Avg. time to fill out | 30 sec |
Other names | arbitration form, arbitration request, how fee arbitration nj attorney, arbitration form nj |
Office of Attorney Ethics
Attorney Fee Arbitration Request Form
For Office Use Only
File Number
Date Entered in OAE Database
Filing Fee Paid: |
Yes |
No |
A
Please type or clearly print all information: Submit 1 original and 5 copies of all documents submitted, including attachments.
A.The Specific Attorney Who Handled My Case Is: (Please list only one attorney here. Please list on a separate sheet the names and addresses of any other attorney whose fee you challenge as part of this fee arbitration proceeding.)
Last Name (include: Sr./Jr./III, etc.) |
First Name |
Middle Initial |
|
|
|
Name of Law Firm, If Any, With Which Attorney Was Associated at the Time of Representation
Office Address
City
State
Zip
County
Office Telephone
B.Client Information: (Please only list one client name in this section. Please list on a separate sheet the names and address of any other person who should be listed as the “client” in this fee arbitration proceeding.)
Last Name (include: Mr./Mrs./Miss/Ms.) |
First Name |
Middle Initial |
|
|
|
Street Address
City
State
Zip
County
Home Telephone
Work or Cell Phone Number
C. The Type of Case Handled By the Attorney Was: |
|
|
|
Admiralty/Maritime |
International Law |
||
Adoption/Name Change |
Juvenile Delinquency |
||
Bankruptcy/Insolvency/Foreclosure |
Labor |
||
Collection |
Landlord / Tenant |
||
Contract |
Negligence (Personal Injury Property Damage) |
||
Corporation/Partnership Law |
Patent / Trademark / Copyright |
||
Real Estate |
|||
Domestic Relations (Divorce, Support, Custody) |
Small Claims Court |
||
Estate/Probate |
Tax |
||
Federal Remedies / Civil Rights |
Workers Compensation |
||
Government Agency Problems (Local Thru Federal) |
Other Litigation (specify) |
||
Immigration / Naturalization |
|
|
|
|
Other |
||
|
|
|
|
D. What was the amount of the attorney’s total bill (not just the fee charged for attorney time or services in dispute)?
Total Legal Fee Charged (for attorney time) $ |
|
+ Total Costs/Disbursements $ |
|
|
= Total Bill $ |
|
|||
|
|
|
|
|
Amount paid to Attorney $ |
|
|
(attach proof of payment) |
|
Who Paid: |
Client |
Other (specify name) |
|
|
|
|
|
|
Revised: 08/2013, CN: 10296 |
page 1 of 2 |
Attorney Fee Arbitration Request Form
E. Was there a written fee agreement or fee letter from the attorney explaining how much would be charged? |
Yes |
No |
||
If yes, attach a copy. |
|
|
|
|
1. Had the attorney or law firm ever represented you before accepting this case? |
Yes |
No |
|
|
2.Was the fee charged by the attorney contingent on the outcome of the case so that there was no fee due unless Yes No the attorney recovered money for you?
3.When did the attorney first agree to handle your case?
4.When did the attorney last do any work on this case?
F. |
Did the attorney advise you in writing that you could request fee arbitration? |
Yes |
No |
|
|||||
|
If yes, attach a copy of that notice or letter, and state the date you received it: |
|
|
|
|
|
|||
|
|
|
|
|
|
|
|
||
G. |
Has the attorney brought a lawsuit or other court action against you for the fee? |
Yes |
|
No |
|
||||
|
If yes, attach a copy of the complaint or other court filing and list: |
|
|
|
|
||||
|
Docket Number: |
|
, County where filed: |
|
|
|
|
|
Date you were served with the complaint or filing:
H.List all amounts paid to the attorney and the dates of payment. Attach copies of all bills received from the attorney and any receipts.
I.Briefly explain why you disagree with the attorney’s total bill. Use additional sheets, if needed.
I further state that, although I have the right to present this matter to a Court in this State, I wish to waive this right and submit my case to the New Jersey Supreme Court’s District Fee Arbitration Process. I realize that I have 30 days only from the date this Request Form is docketed within which I may withdraw, in writing, from the arbitration process. Once the request is withdrawn, I cannot again file for fee arbitration. I understand that if the total fee charged is less than $3,000, a single attorney arbitrator may hear the case; otherwise, three arbitrators would decide the case, unless I give my further written consent at the time of the hearing to proceed with two arbitrators, in accord with the procedures set by Court Rule. I agree that the determination of a Fee Committee is final and legally binding upon both the attorney and myself, and that the determination is subject to appeal only in very limited instances of actual fraud, substantial procedural irregularities, failure of an arbitrator to properly be disqualified, or where the arbitrators make an obvious mistake of law. I am further aware that if the attorney has sued me but I have filed a timely Request Form, the Court Rules provide that the lawsuit will be stayed, and “the amount of the fee or refund as so determined [by the Fee Committee] may be entered as a judgment in the action unless the full balance due is paid within 30 days of receipt of the arbitration determination.” R.
Client Certification
I hereby certify that all of the foregoing statements made by me are true, and that all documents attached are true copies of the originals. I am aware that if any part of this Request Form is willfully false, I am subject to punishment.
Dated:Signed:
Printed Name:
Please review the pamphlet “Information About New Jersey Attorney Fee Arbitration System” provided by the Fee Secretary.
Please Notify District Secretary of Disability Accommodation Needs, or If You Will Need the Services of an Interpreter.
Revised: 08/2013, CN: 10296 |
page 2 of 2 |