Experienced counsel and representation for lawyers on matters involving legal ethics and the law of lawyering.
Fee Disputes and Fee Arbitration
A: The attorney client relationship is an emotional one and when it goes south it can rival a marital dissolution in the ill feeling that both parties have. It can be the start of years of pointless litigation...
Attorneys owe a fiduciary duty to put their clients' interests ahead of their own. Involving the application of much learning and skill, attorneys often do difficult and stressful work and have the right to be paid for their work. To encourage people to take on this difficult profession, there is the prospect of good pay for the public's benefit of providing people access to good legal advice.
Fees can be about more than just money. Attorneys need to think about fees unemotionally and make a sound business decision about the risks of pursuing collection action agaisnst a client (State Bar complaints, malpractice actions/cross-complaints, etc.) A consultation with counsel familiar with fee issues can help make that decision and avoid expense.
A: Fee arbitration is not free. While designed to be simple, it frequently involves legal issues involving the attorney-client fee agreement and a careful analysis of billing records to determine if it is likely to be successful for either party. Arbitration is mandatory for the attorney if the client requests it but it is not always the client's best option. Reasonable compromise and settlement is frequently in everyone's best interest.
A law license is not, to quote the California Supreme Court, a license "to mulct the unfortunate." In California, an attorney cannot contract for, charge or collect an unconscionable or illegal fee. Clients have the remedy of fee arbitration (Bus. & Prof. Code §§ 6200, et seq.) to ensure that the fees are reasonable. Failure to pay a fee arbitration award can now be sanctioned by the State Bar in an order placing the attorney on inactive status, unable to practice until the fee award is paid.
For attorneys, properly drafted fee agreements that comply with the law are essential. This includes meticulous timekeeping in all cases, even for flat fee and contingent cases, as well as regular and informative billing practices.
David Cameron Carr helps attorneys structure their agreements and billing practices to protect their right to ethical compensation. He also represents attorneys and clients in fee disputes, fee arbitration proceedings and civil litigation. David Cameron Carr provides experienced counsel and representation at reasonable rates.