The Bar Association of Metropolitan St. Louis
Fee Dispute Resolution Program
Agreement to Binding Arbitration

Client: ________________________________

Attorney:______________________________

We each hereby agree to be bound by the decision of the arbitrator or the arbitration panel. We understand that the decision is final. We certify that no promises have been made regarding the results of the arbitration and that this agreement is filed in a voluntary effort to resolve the fee dispute recognizing that the results may be favorable or unfavorable to our position.

Complainant understands that if Respondent refuses to submit to this process the arbitration hearing may proceed ex-parte (without him/her being present), but in such case the decision will not be binding on the Respondent. We further understand that the panel will consist of one (1) member of the Committee if the amount in dispute is $3,500 or less. If the amount is over $3,500, the panel will consist of three (3) members composed of one attorney and two lay persons.

At a hearing we each will have the right to be heard, to present evidence, to cross-examine witnesses and to have an attorney present at our own expense. We have the right to seek subpoenas for the attendance of witnesses and subpoenas duces tecum for the witnesses to bring documents to the hearing.

We have the right to adjournment for good cause.

We each understand that we are consenting to and will be bound by complete confidentiality regarding all proceedings, hearings, records, documents and files in this process except as necessary for the enforcement of a decision in accordance with BAMSL Rules.

We each acknowledge that we have received and read a full explanation of the arbitration process.

It is further agreed that we will promptly comply with the award determined by the arbitration process.

Attorney-Client Privilege Waiver
And Covenant Not To Sue

THE UNDERSIGNED COMPLAINANT FURTHER AGREES TO AUTHORIZE ANY ARBITRATOR(S) APPOINTED BY BAMSL FEE DISPUTE RESOLUTION COMMITTEE TO ARBITRATE ANY ALLEGED FEE DISPUTE AND TO MEET AND DISCUSS THE ISSUES INVOLVED WITH THE COMPLAINANT OR/AND ATTORNEYS. THE PARTIES, EXECUTING THIS AGREEMENT, FURTHER AUTHORIZE HIS OR HER ATTORNEY OR ATTORNEYS TO PROVIDE COPIES OF ANY DOCUMENTS OR PROVIDE ANY INFORMATION WHICH THE ARBITRATOR(S) MAY REQUEST IN CONNECTION WITH THE FEE DISPUTE RESOLUTION PROCESS AND WAIVES ANY ATTORNEY-CLIENT PRIVILEGE IN CONNECTION THEREWITH.

IN CONSIDERATION FOR THE SERVICE PROVIDED BY THE FEE DISPUTE RESOLUTION PROGRAM OF BAMSL, WE HEREBY AGREE THAT IN NO EVENT WILL WE SUE OR OTHERWISE ATTEMPT TO HOLD LIABLE FOR DAMAGES, BAMSL, ITS EXECUTIVE COMMITTEE, STAFF, COMMITTEE MEMBERS, INVESTIGATORS, MEDIATORS, ARBITRATORS OR ANY AGENTS OF BAMSL AS A RESULT OF ANY OF THE PROCEEDINGS OF THIS ACTION.

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.