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The Philadelphia Bar Association Fee Dispute Resolution Program is an informal, confidential, and free forum to resolve legal fee disputes between lawyers and their clients. To learn more about the specifics of this program, determine if it is right for you, and request to participate in a fee dispute mediation and/or arbitration, please read this information sheet.

 

What is the Philadelphia Bar Association Fee Dispute Resolution Program and how does it work?

Sometimes disputes regarding legal fees arise between attorneys and clients. Lawyers are generally required to provide their clients with retainer agreements or letters of engagement which discuss the fees and expenses that will be charged. To assist clients and lawyers who are unable to resolve disagreements about legal fees, we offer both mediation and arbitration services at no cost to the parties. Our mediators and arbitrators are trained volunteer attorneys and laypeople who are monitored by the Fee Dispute Committee and the Bar Association's Legal Services Manager.

Participation in the Fee Dispute Resolution Program is voluntary which means that both the client and the lawyer need to agree to engage. The Program does not have the authority to require a party to mediate or arbitrate a dispute. Our Program is user friendly and you do not need an attorney to participate.

Fee Dispute claims eligible for the Program must:

  1. Have a connection to Philadelphia - Either involve a lawyer with an office in Philadelphia, or one who is a member of the Philadelphia Bar Association, OR the underlying legal matter has ties to Philadelphia.
  2. Timely - a fee dispute petition must be filed within 4 years from the date of the last performed legal service or the last payment made, whichever occurred later.
  3. Not seek damages based upon allegations of lawyer malpractice or professional misconduct.

 

What if I think the attorney has engaged in professional misconduct or malpractice?

Our Fee Dispute Resolution Program cannot help you recover damages or offset expenses incurred based on allegations of attorney's misconduct or malpractice. Only those disputes focusing on legal fees are eligible to participate in our Program. If you wish to file a complaint alleging professional misconduct against an attorney, information can be found at: www.padisciplinaryboard.org/for-the-public

 

What if I have a question about my lawyer's bill? Do I need to file a Fee Dispute Petition?

If you have a question about your lawyer's fees or a problem with your attorney's bill, first speak directly with the lawyer. Ask questions that you may have about fees or bills and seek clarification if something is unclear. Disagreements over fees and billing are often resolved through direct conversation. Some prefer to discuss their concerns via written communication. If discussions and direct negotiation do not resolve the problem, you may then want to consider filing a Fee Dispute Petition with our Program.

 

What dispute resolution services are offered by the Philadelphia Bar Association's Fee Dispute Resolution Program?

Our program offers free mediation and free arbitration services to clients and lawyers involved in fee disputes. Participation is voluntary. Each party decides whether they want to participate and to participate in mediation only, mediation followed by an arbitration hearing held at a later date if the matter is not resolved during mediation, or arbitration only,

 

What is mediation?

Mediation is an informal and confidential, consensual dispute resolution method where those involved in a conflict meet with a neutral and impartial third party (the Mediator) who helps the parties clarify the issues and explore options for a mutually acceptable resolution. Mediators facilitate the process; they do not represent either party, do not provide legal advice and do not make decisions. Mediators facilitate communication, support meaningful dialogue and negotiation, and help parties generate their own solutions.

The mediation process belongs to the parties which means that only the parties decide if a dispute is resolved. Parties maintain control of the outcome of the mediation process and mutually agree to all terms of any agreement.

Our mediators are volunteer lawyers selected from the Fee Dispute Committee's mediation panel.

Mediation is offered both in person and remotely over the Zoom videoconferencing platform.

 

What is Arbitration?

Arbitration is a confidential dispute resolution process which enables parties to have their dispute heard and decided upon by arbitrator(s), a neutral third party, outside of the court system. Arbitration is more informal than a court proceeding; parties do not need to hire a lawyer to prepare for the hearing or to represent them at the hearing. You may, however, choose to do so at your own expense and any attorney fees for such counsel cannot be collectible in the arbitration.

Fee disputes submitted to our program are assigned to sole arbitrators or to a panel of 3 arbitrators depending on the amount in dispute. When a panel of 3 arbitrators is assigned, at least one of the arbitrators is a non-lawyer.

At the Arbitration hearing, parties have an opportunity to testify, to present evidence, to call witnesses and cross examine witnesses. The arbitration hearing results in a decision issued by the arbitrator or panel of arbitrators called an Award. The Award is final and binding on the parties and cannot be appealed in court. The Award is issued in writing and sent to the parties who must comply with its terms. If the Award orders a party to make a payment or issue a refund and they fail to do so, the other party has the right to go to court to enforce the Award. The party will may seek to confirm this Award and have it entered as a judgement in a court.

 

Can I force the other party to participate in the Fee Dispute Resolution Program? What if the lawyer is an LRIS referral?

No, you cannot force another party to participate. This is a voluntary program so neither party can compel the other to agree to participate in mediation and/or arbitration. Mediation and Arbitration require the consent of all parties.

It is important to note that when the fee dispute involves a lawyer who was referred to the client by the Philadelphia Bar Association Lawyer Referral and Information Services (LRIS), that LRIS panel attorney has already agreed to participate in Fee Dispute Arbitration when they joined the LRIS panel. This means that if you have a dispute with an LRIS attorney and you request arbitration, that attorney must participate in the Arbitration hearing.

 

Should I agree to mediate only, arbitrate only, or agree to both processes?

Since both processes are voluntary you decide whether to mediate, mediate and arbitrate, or arbitrate only. The Philadelphia Bar Association Fee Dispute Committee believes that mediation offers many benefits to those involved in fee disputes since it enables the parties to craft solutions that are mutually acceptable. Most fee disputes are resolved during mediation. It is often the first time that client and attorney have spoken in a constructive way about the fee disagreement. Even when mediation does not lead to an agreement, parties say that they valued the opportunity to communicate their concerns and learn more about the other party's perspective. For this reason, we recommend that all parties consider participating in mediation. We understand, however, that some parties would prefer to immediately proceed to arbitration and enable you to do so.

  • Mediation only - If you would like to mediate, please review, sign and date the Consent to Mediate form found in the Fee Dispute Forms packet. Your matter will be assigned to a mediator and a mediation session will be scheduled. If mediation leads to a mutually acceptable resolution the matter is resolved and concluded. If mediation does not lead to a resolution, your matter will no longer be handled by our program. You may still have legal action available to you if you wish to pursue it. Our Program will not be involved in any way in any aspect of this matter following the conclusion of the mediation session.
  • Mediation, and if no agreement is reached then Arbitration - If you want to mediate the dispute and try to resolve the matter by agreement, and remain in our Program and submit to arbitration if the mediation does not lead to resolution, please review, sign and date the Consent to Mediate and the Consent to Submit to Arbitration forms found in the Fee Dispute Forms packet. Signing both forms will lead to the scheduling of a mediation session. If the mediation does not result in a resolution of the dispute the matter will be assigned to an Arbitrator or Arbitration Panel and an Arbitration hearing will be scheduled.
  • Arbitration only - If you have decided that you would only like to have the matter decided on by the Arbitrator or the Arbitration Panel, please review, sign and date the Consent to Submit to Arbitration found in the Fee Dispute Forms packet.

 

How do I begin the process? How do I file a Client-Lawyer Fee Dispute Petition?

If you would like to participate in our program, please complete the Client-Lawyer Fee Dispute Petition, as well as the Consent to Mediate and/Consent to Submit to Arbitration. These forms may be filled out online in the fillable pdf forms or emailed to us at feedisputes@philabar.org.

You may also mail the completed forms to us at Philadelphia Bar Association ATTN: Fee Dispute Resolution Program 1101 Market Street, 11th Floor Philadelphia, PA 19107

Fee Dispute Forms

What happens after I submit my Fee Dispute Petition?

The petition and signed consents will be sent to the attorney along with an invitation to participate in our dispute resolution program. If the attorney wishes to participate in the program they will be asked to submit an informal response to the petition and to sign the consent to participate in mediation form and/or the consent to submit to arbitration form. The matter will then be assigned to a mediator or to an arbitrator(s). Mediation sessions and arbitration hearings will be scheduled for a mutually convenient time in person or remotely.

 

Questions?

  • Email us at: FeeDisputes@philabar.org
  • Call us at: (215) 238-6300
  • Mail us at:
    Philadelphia Bar Association
    ATTN: Fee Dispute Resolution Fee Dispute Program
    1101 Market Street, 10th Floor
    Philadelphia, PA 19107

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