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Fee Disputes
1. What should you expect from your lawyer?
Your lawyer should:
- Act ethically and abide by the Rules of Professional Conduct
- Represent you zealously and use all lawful and ethical means to present or defend your case.
- Not reveal anything you tell him or her in confidence. There are some exceptions to this rule in, for example, certain life-threatening situations.
- Allow you to make the final decisions regarding how your case will be handled.
- Exercise independent professional judgment on your behalf.
- Keep you updated on your case.
9. What happens at a fee arbitration hearing?
Arbitration hearings are informal. They may be conducted by a panel of lawyers and non-lawyers or by a sole lawyer arbitrator. Whether you are entitled to a single or three-person panel depends on the particular program�s rules and the amount in dispute.
You may be represented by a lawyer, but it is not necessary. And if you do not speak English, you can arrange for an interpreter or a support person to attend the hearing with you.
You and the lawyer both will have a chance to make statements, ask each other questions and present evidence, such as letters or the fee agreement. You may also present witnesses � someone who, for example, heard you and your lawyer agree to the fee. If you have problems obtaining papers needed for the hearing from the opposing lawyer, you may ask the arbitration panel to intervene.
If you think you will need moral support, ask the arbitrator if a family member or friend can accompany you to the hearing. Fee arbitration hearings may be closed to everyone else except the witnesses while they are testifying.
If you want a transcript (a written record) to be made of the hearing, you must hire a court reporter and pay for it.
Also, keep in mind that the aim of fee arbitration is to determine if the fee amount is appropriate for the lawyer�s work on your case. Arbitrators do consider the lawyer�s performance in your case to reach their decision. But they will not � and cannot � award any additional money for what may or may not be attorney malpractice or professional misconduct.
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