The Bar Association of Metropolitan St. Louis
Fee Dispute Resolution Program
Frequently Asked Questions

I.  WHAT IS THIS PUBLIC SERVICE PROGRAM ABOUT?

This program is offered as a public service by The Bar Association of Metropolitan St. Louis (BAMSL). The program is designed to provide resolution and arbitration services to attorneys and clients who have a dispute concerning attorney’s fees. Either an attorney or a client may take advantage of this program by filing a complaint with our Committee using the form provided free of charge. Participation in the program is completely voluntary.

If you have made a good faith effort to resolve your fee dispute and have been unsuccessful, you may file your complaint with the Fee Dispute Committee.

The Bar Association of Metropolitan St. Louis does not have jurisdiction over matters concerning an attorney's professional responsibility or conduct, nor is it affiliated with the Office of Chief Disciplinary Counsel of the Missouri Bar. Examples of attorney misconduct would include: neglect, conflict of interest, improper advertising, and trust violations. Such a complaint may be filed with the Office of Chief Disciplinary Counsel, 3335 American Avenue, Jefferson City, Missouri 65109. Complaints must be in writing.

The BAMSL program accepts fee dispute resolution complaints where legal services have been provided in St. Louis City, St. Louis County, St. Charles, Jefferson or Franklin Counties. Fee disputes against attorneys practicing outside the metropolitan area of St. Louis are under jurisdiction of the Fee Dispute Resolution Program of the Missouri state Bar headquartered in Jefferson City, Missouri, or the Kansas City Metropolitan Bar Association. To contact Missouri state Bar, call 1-573-635-4128 to request the Missouri Bar form or visit their web site at www.mobar.org/law/index.htm . A completed form is required to initiate a fee dispute for either program. To contact the Kansas City Metropolitan Bar Association, call (816) 474-4322.

The purpose of the BAMSL Fee Dispute Committee is to help you, the client, and the attorney resolve disputes concerning fees by the consent of all parties. The committee does not have jurisdiction if a court has jurisdiction or has already ruled on the issue of attorney's fees. This program can only be successful with the full consent and complete cooperation of both parties. Any decision or award made by this committee without the consent of both parties is unenforceable in a court of law.

II.  WHAT ARE THE ADVANTAGES OF THE FEE DISPUTE PROGRAM?

· The proceedings are informal - unlike the proceedings in court trials or hearings.

· The proceedings are confidential - unlike court cases that may result in public disclosure.

The Fee Dispute Committee does not charge for the filing of a complaint or the processing of the complaint through mediation or arbitration.

Participants may incur costs in certain instances, such as when participants choose to be represented by private counsel at any stage of the proceedings, or in the event participants choose to have arbitration hearings recorded by a court reporter.

IV.  WHAT IS FACILITATION AND ARBITRATION?

Disputes are first assigned to a facilitator who gathers the facts of the fee dispute and assists both parties in reaching a resolution. The facilitator does not decide any issues or make any decision or award. The facilitator reduces the agreement of the participants to writing, and the writing is then signed by the participants. If a resolution is not feasible, the facilitator may recommend arbitration.

In arbitration, both participants agree in writing to be bound by the decision of the arbitrator or arbitration panel. Participants present their testimony, witnesses and documentary evidence at a hearing after which a decision is reached and a written award is issued. The participants are free at any time throughout the process to reach an agreement resolving the fee dispute.

V.  WHO ARE THE FACILITATORS AND ARBITRATORS?

The facilitators and arbitrators are volunteers from throughout the region serving the general public in recognition of this public service program. They are lawyers and other non-lawyer persons who have experience or who have completed training in the areas of mediation and arbitration. They serve voluntarily and without compensation.

VI.  WHAT SHOULD I DO FIRST WHEN INVOLVED IN A FEE DISPUTE?

Clients are encouraged to directly discuss the fee dispute with their lawyer, and vice versa. In all fairness, the lawyer is entitled to know of the client's dissatisfaction and be given an opportunity to explain the fee. A very frank discussion often brings a satisfactory solution. However, if this fails, this program is offered as an alternative to a law suit. The program attempts to achieve a resolution either through mediation or arbitration following an investigation.

Step 1: How to begin

Attorneys or clients wishing to participate in this program should first obtain and carefully read the latest edition of the RULES OF THE BAMSL FEE DISPUTE COMMITTEE in their entirety. Interested parties may download the COMPLAINT FORM FOR FEE DISPUTE RESOLUTION and AGREEMENT TO BINDING ARBITRATION or contact the Fee Dispute Committee c/o BAMSL, 720 Olive, Ste. 2900, St. Louis, MO 63101 (phone: 314/421-4134) for hardcopies of these forms.

Step 2: Completing and Mailing the Forms

Fill out complaint form. Please print and use ink, or type in your answers. Return by mail or in person to the above address. Please be sure to include the exact name of all real parties in interest. If you are the client, name the attorney and/or law firm to whom you paid the fee, and include the name of the client and the payor if they are different individuals. Be sure to state specifically what relief you are seeking.

Make sure you have signed your name at the bottom of the third (last) page of the complaint form.

Sign the "Agreement to Binding Arbitration" forms on the line provided for "Signature of Client". DO NOT FILL IN THE TOP PORTION OF THESE FORMS. The blank spaces will be typed in when the file is opened.

Return your completed and signed complaint, "Agreement to Binding Arbitration" forms, a copy of your written fee agreement, if you have one, and copies of receipts or other proof of payment of attorney fees to BAMSL. Please do not send original documents. Please do not send forms or supporting copies of documents in binders and please do not staple any documents.

A letter will be sent to you acknowledging receipt of the complaint. The lawyer will be notified that a complaint has been filed, and given an opportunity to sign consent forms if the attorney elects to participate in the program. BAMSL can not compel any person to sign the forms. Attorneys who elect not to sign the consent forms will not be allowed to participate.

Step 3: Facilitation Process

Upon receipt of the completed forms, a facilitator will be appointed to determine whether the committee has jurisdiction to proceed and to assist in resolving the dispute. Upon settlement, the facilitator will prepare a written agreement to be signed by all parties and report to the Fee Dispute Committee. If resolution is not feasible, the facilitator will report the facts of the dispute and recommend either arbitration, ex parte, or dismissal to the Fee Dispute Executive Council, a sub-committee including both lay persons and attorneys. The Fee Dispute Executive Council will determine whether the case should be submitted to arbitration, ex parte or dismissal. No complaint form filed with the Committee shall be dismissed for lack of jurisdiction or for any other reason without the matter being reviewed, debated, and voted upon by the Executive Council.

Step 4: Choosing Binding Arbitration

When all interested parties consent and the Committee determines that arbitration is appropriate an arbitrator, or a panel of arbitrators depending upon the amount in dispute, shall be appointed by the Committee. An arbitration hearing will then be scheduled at which all interested parties may present evidence, question the opposing party and witnesses, and submit arguments. A written decision and award will then be issued, and a copy mailed to each interested party.

Any interested party may consent to proceed straight to arbitration only, in which event no facilitation will take place. In the event that the parties do participate in facilitation, but no agreement if reached, the fee dispute may proceed to binding arbitration if all interested parties have signed the appropriate consent form. In the event that any interested party declines to consent to arbitration, the consenting party may elect to proceed with an "Ex Parte Hearing". However, any findings made as a result of the Ex Parte Hearing will not be binding and will not be legally enforceable.

Step 5: Ex Parte Hearings

Both client and lawyer will be asked to sign a form consenting to arbitration. If the lawyer elects not to participate or does not respond, the client may choose to proceed with an ex parte (non-binding) hearing or request the case be closed. At that time the Fee Dispute Executive Council will review the dispute and vote whether the case has merit to be heard at an ex parte hearing. The ex parte hearing officer(s) will render a decision with or without the lawyer's participation, however, it is not legally binding unless both the attorney and the client sign the consent to arbitration form.

Step 6: Preparing for the Arbitration Hearing

Although arbitration hearings are informal in nature and the Rules of Evidence do not apply, the arbitrator or panel of arbitrators will determine the manner in which the hearing is conducted and will conduct the hearing so as to allow all parties full opportunity to present all relevant testimony and other evidence. All participants should bring to the arbitration hearing any witnesses with personal knowledge of relevant factual matters, and any documentation relevant to the issues presented by the fee dispute. Participants should be prepared to present a concise statement of their position and a specific request for relief from the arbitrator or arbitration panel. Participants should be prepared to question the opposing party, and should be prepared to answer questions from both the opposing party and the arbitrator or arbitration panel.

Step 7: The Arbitration Hearing

One arbitrator will be appointed for disputes in amounts of $3,500.00 or less. For disputes over $3,500.00, a panel of three arbitrators will be appointed. Any panel of three arbitrators shall be comprised of two lay persons and one attorney.

The Committee will schedule an arbitration hearing with consideration for the availability of the participants and the arbitrator(s). Any participant may request the Committee Chairperson to reschedule the hearing for good cause. Any participant may also request the Committee Chairperson to replace any named arbitrator for good cause. Any participant may request the Committee Chairperson to provide for the hearing to be conducted by conference call. Participants may hire court reporters at their own expense. Participants may also be represented by legal counsel at the arbitration hearing. The Committee does NOT appoint legal counsel for any participant, or provide any legal advice to any participant. In certain instances, an attorney representing the interests of the Committee may attend and participate in the Arbitration hearing.

If either participant fails to appear at the hearing after both have signed the arbitration agreement form, the arbitrator(s) may proceed and enter a binding decision/award.

Step 8: The Decision

The arbitrator(s) will reach a decision within a reasonable time after the hearing. The decision/award will be by majority vote, rendered in writing and signed by the concurring members.

Step 9: Enforcement of Awards

If an award is made against the attorney respondent and the attorney fails to comply with the decision, BAMSL may provide an attorney to assist the client in collecting the award upon approval.

The above briefly outlines the procedures used in The Bar Association of Metropolitan St. Louis Fee Dispute Resolution Program which assists the parties when a dispute between lawyer and client arises over fees charged for legal services. If you have additional questions after reading the Rules and/or the forms, please consult with an attorney of your own choosing for assistance.