Fee Dispute Resolution Program protects clients and lawyers
Adherence to the standards established by the Missouri Rule of Professional Conduct is expected from every lawyer. The Missouri Bar recognizes that a small percentage of lawyers fail to meet those standards.
Clients who believe they have been overcharged by a Missouri lawyer can dispute the charges through The Missouri Bar’s confidential Fee Dispute Resolution Program. The program offers a faster, no-cost alternative to lengthy court cases.
How does the Fee Dispute Resolution Program work?
The Missouri Bar’s Fee Dispute Resolution Program (FDR) handles fee disputes at no cost to clients. The program is available on a voluntary basis to assist clients who believe a Missouri lawyer overcharged them for legal fees and wish to dispute the fees. FDR offers informal and confidential proceedings with fast resolution to help both the client and the lawyer.
Steps of the fee dispute resolution process
Step 1: Complete petition
To start the process, clients can complete the FDR petition form and submit it by email, mail, or fax.
Step 2: Committee reviews
The Fee Dispute Resolution Committee will review the submitted petition and determine if the program has jurisdiction to open a case.
Step 3: Client consents to mediation and/or binding arbitration
The Fee Dispute Resolution Committee will ask the client and other person(s) bringing the complaint to sign a form giving consent to participate in a mediation session and/or binding arbitration hearing within 30 days. If the client selects both options, the committee will ask the client to specify a preference.
- Mediation: If all parties consent to mediation, one or more mediators will meet with the parties and help them reach a mutually acceptable agreement. The mediator(s) will not make a final decision.
- Arbitration: If the client selects arbitration, the arbitrator(s) will meet with both parties and make a final decision.
Step 4: Lawyer responds and consents
While the client completes the consent form, the committee will ask the lawyer respondent to file a written response to the complaint within 30 days. The committee will also ask the lawyer to give consent to participate in mediation and/or binding arbitration. If the lawyer does not respond, a facilitator will contact them and may also aid in informally resolving the complaint, if appropriate.
Step 5: Parties prepare for mediation (skip to step seven if you choose binding arbitration)
The program administrator will arrange for the mediation in a convenient setting for all parties. Mediation may be virtual, in library or courthouse meeting rooms, or similar settings. The parties have the right to hire counsel to represent them, at the parties’ own expenses, but representation is not required.
Step 6: Parties engage in mediation session
The mediator(s) will hear both sides of the issue and assist the parties in reaching a satisfactory conclusion. The mediator(s) will write the agreement, and the parties will sign the document.
If the lawyer and client don’t settle the dispute, the parties may request a binding arbitration hearing. Both parties must give written consent to move forward with binding arbitration.
Step 7: Prepare for binding arbitration hearing
Typically, the Fee Dispute Resolution Committee will appoint one arbitrator for disputes in amounts of $10,000 or less. For disputes over $10,000, the committee appoints a panel of three arbitrators. One member of the arbitration panel will be a lawyer, one member will be a non-lawyer volunteer, and the third member may either be a lawyer or non-lawyer. Either party may request that one arbitrator be replaced by providing good reasoning and proper notice.
Both may hire counsel to represent them at the hearing at their expense. Representation is not required.
Step 8: Parties engage in binding arbitration hearing
At the hearing, all parties will have an equal opportunity to present their case, provide evidence, and cross-examine witnesses. If either party fails to appear, the arbitrator(s) may proceed and enter a binding decision or award.
Step 9: Arbitrator(s) enter decision
The arbitrator(s) will provide a written decision or award within 30 days after the close of the hearing or as soon as possible. In binding arbitration, the parties will be bound by the arbitrators’ decision, regardless of if it is in their favor.
Step 10: Enforcement of the decision
If both the client petitioner and the lawyer respondent signed the consent to binding arbitration, the decision of the arbitration panel may be enforced by a court of competent jurisdiction according to Chapter 435, RSMo.
Visit MissouriLawyersHelp.org/Client-Protection to learn more about the Fee Dispute Resolution Program and other ways The Missouri Bar protects clients.