The
Bar Association of Metropolitan St. Louis
Fee
Dispute Resolution Program
Complaint Form for Fee Dispute Resolution
Return
to:
COMMITTEE
ON FEE DISPUTE RESOLUTION
720 Olive Street
Suite 2900
St. Louis, Missouri 63101
PLEASE
FULLY ANSWER ALL QUESTIONS (Fill in this form, print it out and send
with attachments to the above
address.)
Your
Name:
Mailing
Address:
Street:
Apt.
No.
City:
State:
Zip:
Home Telephone
(include area code)
Business
Telephone (include area code)
Attorney's
Full Name:
Firm Name:
Office
Address:
Street:
Suite
#
City:
State:
Zip:
Telephone
Number (include area code):
List
names and addresses of others who were affected by this dispute:
Name of
person who paid fee or is responsible for paying fee:
Have you
made a good faith effort to resolve this dispute?
If so,
give details including any offers you have made to the attorney
or have received from him/her: Narrative #1:
Type answer on separate sheet and submit with this form.
Did you
sign a written agreement for legal fees?
If so, please attach a copy.
Did you
have an oral agreement for legal fees?
If so,
what was your understanding? Narrative #2:
Type answer on separate sheet and submit with this form.
What
is the total amount of the fee charged? $
Amount
paid to attorney: $
Please attach copies of receipts or other proof of payment.
How much
of the total amount is in dispute?
$
If you
can, tell us the amount of the attorney fee that you feel
is fair:
$
Is this
dispute over attorney fees currently the subject of a lawsuit?
If so,
attach copies of court documents.
(Please do not attach originals.)
Date that
you employed the attorney:
Date that
last legal services were provided:
Location
where legal services were performed, or should have been performed:
Purpose
for which you hired the attorney:
Please
give details of the dispute in date order, and include (1)
the nature of the dispute; (2) your position; (3) all relevant
dates. Narrative #3:
Type answer on separate sheet and submit with this form.
I HEREBY
CERTIFY WITH MY SIGNATURE THAT THE ABOVE INFORMATION IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE.
THE UNDERSIGNED
COMPLAINANT FURTHER AGREES TO AUTHORIZE ANY INVESTIGATOR APPOINTED
BY THE BAR ASSOCIATION OF METROPOLITAN ST. LOUIS FEE DISPUTE
RESOLUTION COMMITTEE TO INVESTIGATE ANY ALLEGED FEE DISPUTE
AND TO MEET TO DISCUSS THE ISSUES INVOLVED WITH THE COMPLAINANT'S
ATTORNEY OR ATTORNEYS. THE COMPLAINANT BY EXECUTING THIS AGREEMENT,
FURTHER AUTHORIZES HIS OR HER ATTORNEY OR ATTORNEYS TO PROVIDE
COPIES OF ANY DOCUMENTS OR PROVIDE ANY INFORMATION WHICH THE
INVESTIGATOR MAY REQUEST IN CONNECTION WITH CONDUCTING THIS
INVESTIGATION AND WAIVES ANY ATTORNEY-CLIENT PRIVILEGE IN
CONNECTION THEREWITH.
IN CONSIDERATION
FOR THE SERVICE PROVIDED BY THE FEE DISPUTE RESOLUTION PROGRAM
OF THE BAR ASSOCIATION OF METROPOLITAN ST. LOUIS, I HEREBY
AGREE THAT IN NO EVENT WILL I SUE OR OTHERWISE ATTEMPT TO
HOLD LIABLE FOR DAMAGES THE BAR ASSOCIATION, THE COMMITTEE
ON RESOLUTION OF FEE DISPUTES, THE EXECUTIVE COMMITTEE, STAFF,
COMMITTEE MEMBERS, INVESTIGATORS, MEDIATORS, ARBITRATORS OR
ANY AGENTS OF THE BAR ASSOCIATION OF METROPOLITAN ST. LOUIS
AS A RESULT OF ANY OF THE PROCEEDINGS OF THIS ACTION.
Date
___________ Signature ____________________________
Date
___________ Signature ____________________________
(We cannot process your fee dispute without your
signature on the above complaint form, and the Agreement for binding Arbitration)
The
Bar Association of Metropolitan St. Louis
Fee
Dispute Resolution Program
Agreement
to Binding Arbitration
Re: Fee
Dispute #F____________
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
I HEREBY
CERTIFY WITH MY SIGNATURE THAT THE ABOVE INFORMATION IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE
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.
_______________
__________________________________________
Date
Signature
of Client
_______________
__________________________________________
Date
Signature
of Attorney
WE
CANNOT PROCESS YOUR FEE DISPUTE WITHOUT YOUR SIGNATURES ON ALL
THE
ABOVE COMPLAINT FORMS, WHICH INCLUDES: THE COMPLAINT
FORM, THE AGREEMENT FOR MEDIATION AND THE
AGREEMENT FOR BINDING ARBITRATION.
Return
these forms to:
The Bar Association of Metropolitan St. Louis
720 Olive Street
Suite 2900
St. Louis, Missouri 63101