state of new york unified court system ninth...

STATE OF NEW YORKUNIFIED COURT SYSTEM

NINTH JUDICIAL DISTRICTRICHARD J. DARONCO

WESTCHESTER COUNTY COURTHOUSE111 DR. MARTIN LUTHER KING, JR., BOULEVARD

WHITE PLAINS, NEW YORK 10601(914) 824-5100

FAX (914) 995-4946A. GAIL PRUDENTI ALAN D. SCHEINKMANChief Administrative Judge District Administrative Judge

Ninth Judicial District

MICHAEL V. COCCOMA NANCY MANGOLDDeputy Chief Administrative Judge District ExecutiveCourts Outside New York City Ninth Judicial District

Dear Counselor:

Enclosed are the following forms to be served upon clients in connection with the fee dispute arbitrations in any civil matter as required by Part 137 of the Rules of the Chief Administrator:

1. Notice of Client’s Right to Arbitrate a Dispute Over Attorneys Fees (Form UCS 137-1);

2. Standard Written Instructions and Procedures to Clients for the Resolution of Fee DisputesPursuant to Part 137 of the Rules of the Chief Administrator (Form UCS 137-3);

3. Local Program Rules and Procedures for the Ninth Judicial District Attorney-Client FeeDispute Resolution Program; and

4. Client Request for Fee Arbitration (Form UCS 137-4a)

Please refer to Part 137 of the Rules for specific service requirements and general procedures.

If the fee dispute does not involve a matter in the Ninth Judicial District, please advise the client as to the correct Administrative Judge or local bar association-sponsored program to receive the Request for Fee Arbitration. A list ofapproved local program administrators can be found at www.nycourts.gov/admin/feedispute.

If a client returns a completed Request for Fee Arbitration to this office, we will forward a copy to you along with a form to be used in your response.

Please direct any inquiries concerning the fee arbitration program to my attention at the above address or by telephone at (914) 824-5100.

Very truly yours,

James Garfein, Esq.Principal Settlement Coordinator

JG:vmvenc.

UCS 137-1 (11/01)

NOTICE OF CLIENT�S RIGHT TO ARBITRATE

A DISPUTE OVER ATTORNEYS FEES

The amount of $___________ is due and owing for the provision of legal services with

respect to:

If you dispute that you owe this amount, you have the right to elect to resolve this dispute by

arbitration under Part 137 of the Rules of the Chief Administrator of the Courts. To do so, you must

file the attached Request for Fee Arbitration within 30 days from the receipt of this Notice, as set

forth in the attached instructions. If you do not file a Request for Fee Arbitration within 30 days

from the receipt of this Notice, you waive the right to resolve this dispute by arbitration under Part

137, and your attorney will be free to bring a lawsuit in court to seek payment of the fee.

Dated:__________________ ___________________________________(Attorney�s Signature)

[print Attorney�s name, address and telephone number below]

UCS 137-3 (9/05)

STANDARD WRITTEN INSTRUCTIONS AND PROCEDURES

TO CLIENTS FOR THE RESOLUTION OF FEE DISPUTES PURSUANT

TO PART 137 OF THE RULES OF THE CHIEF ADMINISTRATOR

Part 137 of the Rules of the Chief Administrator of the Courts provides a procedure

for the arbitration (and in some cases mediation) of fee disputes between attorneys and

clients in civil matters. Your attorney can provide you with a copy of Part 137 upon request

or you can download a copy at www.nycourts.gov/admin/feedispute. Fee disputes may

involve both fees that you have already paid to your attorney and fees that your attorney

claims are owed by you. If you elect to resolve your dispute by arbitration, your attorney is

required to participate. Furthermore, the arbitration will be final and binding on both your

attorney and you, unless either of you seeks a trial de novo within 30 days, which means

either of you reject the arbitrator�s decision by commencing an action on the merits of the

fee dispute in a court of law within 30 days after the arbitrator�s decision has been mailed.

Fees disputes which may not be resolved under this procedure are described in Part 137.1

of the Rules of Chief Administrator of the Courts: representation in criminal matters;

amounts in dispute involving a sum of less than $1,000 or more than $50,000 unless the

parties consent; and claims involving substantial legal questions, including professional

malpractice or misconduct. Please consult Part 137.1 for additional exclusions.

Your attorney may not bring an action in court to obtain payment of a fee unless he

or she first has provided written notice to you of your right to elect to resolve the dispute by

arbitration under Part 137. If your attorney provides you with this notice, he or she must

provide you with a copy of the written instructions and procedures of the approved local bar

association-sponsored fee dispute resolution program (�Local Program�) having jurisdiction

over your dispute. Your attorney must also provide you with the �Request for Fee

Arbitration� form and advise that you must file the Request for Fee Arbitration with the local

program within 30 days of the receipt of the notice. If you do not file the Request within

those 30 days, you will not be permitted to compel your attorney to resolve the dispute by

arbitration, and your attorney will be free to bring a lawsuit in court to seek to obtain

payment of the fee.

In order to elect to resolve a fee dispute by arbitration, you must file the attached

�Request for Fee Arbitration� with the approved local program. An updated list of local

programs is available at www.nycourts.gov/admin/feedispute or by calling toll-free 1-(877)-

FEES-137 (1-877-333-7137). Filing of the Request for Fee Arbitration must be made

with the appropriate local program for the county in which the majority of legal services

were performed. Once you file the Request for Fee Arbitration, the local program will mail

a copy of the request to your attorney, who must provide a response within 15 days of the

mailing. You will receive at least 15 days� notice in writing of the time and place of the

hearing and of the identity of the arbitrator(s). The arbitrator(s) decision will be issued no

later than 30 days after the date of the hearing. You may represent yourself at the

hearing, or you may appear with an attorney if you wish.

Some local programs may offer mediation services in addition to arbitration.

Mediation is a process by which those who have a fee dispute meet with the assistance of

a trained mediator to clarify issues and explore options for a mutually acceptable resolution.

Mediation provides the opportunity for your attorney and you to discuss your concerns

without relinquishing control over the outcome and of achieving a result satisfactory to both

of you. Participation in mediation is voluntary for your attorney and you, and it does not

waive any of your rights to arbitration under these rules. If you wish to attempt to resolve

your dispute through mediation, you may indicate your wish on the Request for Fee

Arbitration form.

More information, including an updated list of local programs, is available at

http://www.nycourts.gov/admin/feedispute

or by calling 1-(877)-FEES-137 (1-877-333-7137).

NINTH JUDICIAL DISTRICT

PART 137: ATTORNEY-CLIENT FEE DISPUTE RESOLUTION PROGRAM

LOCAL PROGRAM RULES AND PROCEDURES

SECTION 1 - POLICY

It is the policy of the Ninth Judicial District(“district”) to encourage out-of-court resolution of feedisputes between attorneys and clients in a fair,impartial and efficient manner.The Administrative Judge of the Ninth Judicial Districtis designated as the Administrator of the Attorney-Client Fee Dispute Resolution program under theseRules and may delegate duties to such officers,committees, and employees as he may direct.

SECTION 2 -DEFINITIONS

A. “Answer” (also referred to as “Response toRequest for Fee Arbitration”) means theresponse to the “Request for Fee Arbitration”or “Petition”.

B. “Arbitrator” means the person(s) designated bythe Administrative Judge or his/her designee tohear the evidence presented by the parties andmake a final determination.

C. “Administrator” means the AdministrativeJudge (or designee) of the Ninth JudicialDistrict who oversees the Program.

D. “Approval” by the Board of Governors means,where so required by Part 137,recommendation by the Board of Governorswith approval of the appropriate PresidingJustice of the Appellate Division.

E. “Arbitration” means the adjudication ofdisputes between parties by neutral thirdperson(s) who hear both sides and render anaward.

F. “Board” means the Board of Governors of theAttorney-Client Fee Dispute ResolutionProgram established under Part 137 of theRules of the Chief Administrator.

G. “Client” means a person or entity who receiveslegal services or advice from an attorney on afee basis in the attorney’s professionalcapacity.

H. “District Office” means the AdministrativeJudges Office of the Ninth Judicial District.

I. “Petition” means a “Request for FeeArbitration” requested by either the client orthe attorney.

J. “Petitioner” means the party requesting the feearbitration.

K. “Program” means the Attorney-Client FeeDispute Resolution Program established underPart 137 and administered and implemented bythe Administrative Judges Office of the NinthJudicial District pursuant to the Rules andProcedures set forth herein.

L. “Respondent” means the party responding tothe petition in opposition to the claim.

M.. “Written Instructions” means the StandardInstructions to Clients For the Resolution OfFee Disputes Pursuant to Part 137 Of the RulesOf the Chief Administrator (Form UCS137-35/02) published by the Office of CourtAdministration.

S E C T I O N 3 - T H E P R O G R A M A N DJURISDICTION

A. The jurisdiction of this program will includethe counties of Westchester, Rockland,Orange, Putnam and Dutchess.

B. In the event of a fee dispute between anattorney and client, where the representation

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has commenced on or after January 1, 2002,whether or not the attorney already hasreceived some or all of the fee in dispute, theclient may seek to resolve the dispute byarbitration pursuant to the Program.

C. Arbitration under this Program shall bemandatory for an attorney if requested by aclient, and the arbitration award shall be finaland binding unless de novo review is sought asfurther described herein.

D. Arbitration of fee disputes between attorneysand clients, shall take place through this Program. However, this Program shall not apply to any of thefollowing:

1. Representation in criminal matters;

2. Amounts in dispute involving a sum of lessthat $1000 or more than $50,000, exceptthat the district may hear disputesinvolving other amounts if the parties haveconsented;

3. Claims involving substantial legalquestions, including professionalmalpractice or misconduct;

4. Claims against an attorney for damages oraffirmative relief other than the adjustmentof the fee;

5. Disputes where the fee to be paid by theclient has been determined pursuant tostatute or rule and allowed as of right by acourt; or where the fee has beendetermined pursuant to a court order;

6. Disputes where no attorney’s services havebeen rendered for more than two years;

7. Disputes where the attorney is admitted topractice in another jurisdiction andmaintains no office in the State of NewYork, or where no material portion of theservices was rendered in New York;

8. Disputes where the request for arbitrationis made by a person who is not the client ofthe attorney or the legal representative ofthe client.

E. Pursuant to a written request andsubsequent approval by the DistrictAdministrative Judge, the Board ofGovernors and the Presiding Justice of theAppellate Division, Second JudicialDepartment, this Program may beadministered by a local bar association inaccordance with all the rules andprocedures set forth herein.

F. There shall be NO FEE charged to any ofthe parties who participate in the Attorney-Client Fee Dispute Resolution Program. This rule, however, shall not preclude theimposition of any fee for such program inthe future, or where such program isadministered by a local bar association orin partnership with such association.

G. In the event personal service of the Noticeof Client’s Right to Arbitrate becomesnecessary, after having unsuccessfullyattempted service by certified mail whererequired under these Rules and Procedures,the attorney must pay, in advance by checkor money order made payable to the entitydelegated to make such personal servicethe cost of such service. At the discretionof the arbitrator(s), and to the extentauthorized by law, these costs may beadded to the arbitrator(s) award, if

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previously paid by theprevailing party.

H. 1. Arbitration under this Program shall bevoluntary for the client unless:

(a) The client has previously consented inwriting to submit fee disputes to the feedispute resolution process by prior writtenagreement between the attorney and clientwherein the client consented in advance tosubmit fee disputes to arbitration. To bevalid on the part of the client, such consentmust be knowing and informed. Theclients consent shall be stated in a retaineragreement or other writing specifying thatthe client has read pursuant to Part 137, thedistrict’s approved Rules and Proceduresand that the client consents to resolve feedisputes pursuant to the Program; or

(b) The attorney and client have consented inadvance to submit fee disputes toarbitration that is final and binding and notsubject to a trial de novo. To be valid onthe part of the client, such consent must beknowing and informed and obtained in thesame manner as set forth in the previoussubsection of this section, except that theretainer agreement or other writing shallalso state that the client understands thathe/she is waiving the right to reject anarbitration award and subsequentlycommence a trial de novo in a court ofcompetent jurisdiction.

2. Where an agreement to arbitrate existsbetween the attorney and client undereither subsections H1 (a) or (b) of thissection, those provisions of Section137.6(a) (1) and (b) of Part 137 relating tothe notice of client’s right to arbitrate shallnot apply and no further notice of the right

to arbitrate shall be required. In suchcircumstance, Section 137.6 (a)(2) of Part137 shall apply and either party maycommence the dispute resolution processby filing a Petition with the AdministrativeJudge, together with a copy of the parties’agreement to arbitrate.

3. The attorney and client may consent inadvance to final and bindingarbitration in an arbitral forum other thanthe one created under Part 137. To bevalid on the part of the client, such consentmust be knowing and informed and mustbe obtained in a retainer agreement orother writing. Arbitration in an arbitralforum outside Part 137 shall be governedby the rules and procedures of that forum. The Board may maintain informationconcerning other established arbitralprograms and shall provide contactinformation for such programs uponrequest.

4. Fee disputes may be referred to the DistrictAdministrative Judge by means notspecifically described in Part 137,including but not limited to, attorneydisciplinary authorities, bar associations,and employees, officers or judges of thecourts. In those instances, theAdministrative Office shall provide theclient with information about the Program.

I. Upon notice of appointment, the Chairpersonmay contact both parties to make aneffort to settle the dispute, however, theChairperson is not authorized to provide legaladvice to any of the parties involved.

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SECTION 4 - ARBITRATORS

The district shall establish and maintain a sufficientnumber of arbitrators in order to meet the Program’scaseload. Attorneys and non-attorneys shall serveas arbitrators. In recruiting arbitrators, the districtshall recruit arbitrators representing a wide range oflaw practices and a diversity of non-attorneyprofessions and occupations representing a cross-section of the communities. The District Officeshall seek the assistance of local Bar Associations inthe recruitment of attorney arbitrators. Non-attorney arbitrators will be recruited by contactingestablished Alternative Dispute Resolutionprograms throughout the district as well as theUnified Court System, Office of Alternative DisputeResolution Programs.

A. Attorney arbitrators, approved by the Board,shall be appointed to provide as broad aspectrum of the Bar as possible. For anattorney to qualify for appointment as anarbitrator, the attorney must meet the followingcriteria:

1. be admitted to the New York Bar for at least five years, and

2. been engaged in the practice of law for at least three years, and

3. be qualified as an arbitrator under theAmerican Arbitration Association rules, bythe Office of Court Administration or bythe United States District Court throughany of their arbitration programs; or

4. Have completed an district-approvedarbitration training program or theequivalent.

B. Non-Attorney Arbitrators, approved by theBoard, shall be appointed by the District

Administrative Judge of the Ninth JudicialDistrict from as broad a spectrum of thegeneral public as possible. For a non-attorneyto qualify for appointment as an arbitrator, thenon-attorney must meet the followingrequirements:

1. be a resident of the 9th Judicial Districtor work within the district.

2. be fluent in speaking, reading andwriting English; and

3. have completed a district-approvedarbitration training program or theequivalent.

C. The number of arbitrators assigned to hear afee dispute matter under this Program shalldepend upon the amount in dispute as follows:

1. disputes involving a sum of less than$10,000.00 shall be submitted to oneattorney Arbitrator; and

2. disputes involving a sum of $10,000.00or greater shall be submitted to a panel ofthree Arbitrators, which shall include atleast one attorney and one non-attorneymember of the public; the chairperson ofall the panels shall be an attorney and alldecisions on the merits shall be decided bymajority rule.

D. Lists of attorney Arbitrators may be maintainedunder the following headings: matrimonials,litigation, real estate, business and other. Attorney Arbitrators will self-identifythemselves as being within one or more ofthese areas and where practical, matters will beassigned to Arbitrators in order of placementon the respective lists; should there be aconflict of interest pursuant to subsection G of

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this section requiring the Arbitrator to berecused, the Arbitrator will remain at thetop of the list for appointment in the nextmatter to be assigned.

E. Prospective arbitrators shall submit a summaryof credentials to the District AdministrativeJudge which shall be kept on record.

F. All arbitrators must sign a written oath oraffirmation to faithfully and fairly arbitrate alldisputes that come before them, which writtenoath or affirmation shall be kept on file by thedistrict.

G. All arbitrators must conduct a conflict ofinterest check within 3 business days of initialcontact by the administrator prior to acceptinga case. A person who has any personal biasregarding a party or the subject matter of adispute, a financial interest in the subjectmatter of the dispute, or a close personalrelationship or financial relationship with aparty to the dispute shall not serve as anarbitrator. An arbitrator shall disclose anyinformation that he or she has reason to believemay provide a basis for recusal.

H. Arbitrators shall serve as volunteers. However,Continuing Legal Education (“CLE”) creditsmay be awarded for training and/or service asan arbitrator, subject to the rules and standardsof the New York State Continuing LegalEducation Board.

I. In making an award, arbitrators shall specify ina concise statement, the amount of and basisfor the award.

J. Arbitrators have a duty to maintain theconfidentiality of all proceedings, hearings andcommunications, including all paperspertaining to the arbitration conducted in

accordance with Part 137 and these Rules andProcedures, except to the extent necessary inconnection with ancillary legal action withrespect to a fee matter. Arbitrators should referall requests for information concerning a feedispute to the District Office. Arbitrators shallnot be competent to testify in a subsequentproceeding or trial de novo.

K. Arbitrators shall complete a minimum of sixhours of fee dispute arbitration trainingapproved by the Board. However, the Boardmay take previous arbitration training andexperience under consideration in determiningwhether the foregoing training requirement hasbeen met. In any case, all Arbitrators mustcomplete a short orientation program designedto introduce them to Part 137 and these Rulesand Procedures. Arbitrators may be required toundergo periodic refresher courses.

SECTION 5 - THE FEE DISPUTE RESOLUTIONPROCESS

A. Where an attorney and client cannot agree as tothe attorney’s fee and there has been no priorwritten consent to arbitration as described inSection 3H above, the attorney shall serve awritten notice to the client, entitled “Notice ofClients Right to Arbitrate”, by certified mail orpersonal service. The notice shall:

1. be in a form approved by the Board of Governors;

2. contain a statement of the clients right toarbitrate;

3. advise that the client has 30 days fromreceipt of the notice in which to elect toresolve the fee dispute;

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4. be accompanied by a copy of these Rulesand Procedures;

5. be accompanied by a copy of WrittenInstructions; and

6. be accompanied by a copy of the petitionform necessary to commence thearbitration proceeding.

B. If the attorney serves a Notice of the ClientsRight to Arbitrate as described in subsection Aof this section and the client does not file aPetition with the district within 30 days afterthe Notice was received, the attorney maycommence an action in a court of competentjurisdiction to recover the fee and the client nolonger shall have the right to requestarbitration pursuant to Part 137 with respect tothe fee dispute at issue.

NOTE: An attorney who institutes anaction to recover a fee must allege in thecomplaint (i) that the client received noticeunder Part 137 of the client’s right topursue arbitration and did not file a timelyRequest for Arbitration or (ii) that thedispute is not otherwise covered by Part137.

C. If, in the alternative event the client elects topursue arbitration on his own initiative, the clientmay contact the Administrative Judges Office("District Office”) at (914) 824-5100 or the attorneywith whom the client has the dispute. In the case ofthe latter, the attorney shall be under an obligationto refer the client to the District Office. Uponrequest, the District Office shall forward thePetition to the client by mail.

D. The Petitioner shall then file the Petition with the District Office.

1. Upon receipt of the Petition, the District Office shall assign a filing number to the matter.

2. The District Office shall review the factsand circumstances supporting the Petitionto insure that this is a matter within thejurisdiction of the Program. If it isdetermined that this is a matter not withinthe jurisdiction of the Program, the DistrictOffice shall inform the Petitioner.

3. If it is determined that this matter is amatter within the jurisdiction of theProgram, the District Office shall mail acopy of the Petition to the Respondenttogether with an answer form to becompleted by the Respondent and returnedto the District Office within 15 businessdays of mailing of the Petition.

4. The Respondent shall return its Answer tothe District Office, together with a signed,written statement (certification) stating thata copy of the Answer was served upon thePetitioner.

5. Once the Answer and certification havebeen received or, if 15 business days haveelapsed since the service of the Petitionand answer form without any responsefrom the Respondent, the District Officeshall designate the Arbitrator(s) who willhear the dispute and shall expeditiouslyschedule a hearing.

6. At least 15 days prior to the date of thehearing, the District Office shall notify theparties in writing of the date, time andplace of the hearing and of the identity ofthe Arbitrator(s). Any subsequentrescheduling will be a matter between the

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parties and the Arbitrator(s) at the discretion ofthe Arbitrator(s).

7. Either party may request the removal of anArbitrator based upon the Arbitrator’spersonal or professional relationship to aparty or party’s counsel. A request forremoval must be made to the DistrictOffice no later than 5 days prior to thescheduled date of the hearing. The DistrictOffice shall have the final decisionconcerning the removal of an Arbitrator.

8. The Petitioner may not withdraw from theprocess once an Answer has beensubmitted. If the Petitioner seeks towithdraw at anytime thereafter, thearbitration will proceed as scheduledwhether or not the Petitioner appears, anda decision will be made on the basis of theevidence presented.

9. If the Respondent, without good cause,fails to respond to a petition or otherwisedoes not participate in the arbitration, thearbitration will proceed as scheduled and adecision will be made on the basis of theevidence presented.

10. Any party may participate in the arbitrationhearing without a personal appearance bysubmitting to the Arbitrator(s) testimonyand exhibits by written declaration underpenalty of perjury.

11. Arbitrators shall have the power to:

a. compel, by subpoena, the attendance ofwitnesses and the production of books,papers, and documents pertaining tothe proceeding;

b. administer oaths and affirmations; and

c. take and hear evidence pertaining tothe proceeding.

12. The rules of evidence need not be observedat the hearing.

13. Either party, at its own expense, may be represented by counsel.

14. The burden shall be on the attorney toprove the reasonableness of the fee by apreponderance of the evidence and topresent documentation of the workperformed and the billing history. Theclient may then present his or her accountof the services rendered and timeexpended. Witnesses may be called by theparties. The attorney shall have the right ofreply. The client shall have the right offinal reply.

15. Where there is more than one Arbitrator,any disputes arising among them shall bedecided by the Chairperson, consistentwith Part 137 of the Rules of the ChiefAdministrator and the minimum Standardsand Guidelines of the Board of Governors.

16. Any party may provide for a stenographicor other record at the party’s expense. Theother party to the arbitration shall beentitled to a copy of said record uponwritten request and payment of the expenseof duplication.

17. The arbitration award shall be issued bymail with a copy forwarded to the DistrictOffice no later than 30 days after the dateof the hearing. Arbitration awards shall bein writing and shall state the amount andbasis for the award. If de novo review hasbeen waived pursuant to Section 3H1(b) ofthese Rules and Procedures, then the

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arbitration award shall be final andbinding.

E. Either party may make an application to extendthe time within which a petition or answermust be filed. Such application shall be inwriting to the Administrative Judge with noticeto the other party.

SECTION 6 - DE NOVO REVIEW

If de novo review has not been previously waived inwriting, either party may seek de novo review of thearbitration award by commencing an action on themerits in any court of competent jurisdiction withinthirty (30) days after the Notice of Arbitration Awardhas been mailed. Notice of commencement of such anaction shall be provided to the District Office. If noaction is commenced within thirty (30) days of themailing of the Notice of Arbitration Award, the awardshall become final and binding. Any party who fails toparticipate in the hearing shall not be entitled to seekde novo review absent good cause shown for suchfailure to participate. Arbitrators may not be called aswitnesses nor shall the arbitration award be admitted inevidence at the trial de novo.

SECTION 7 - NOTICES

Except as otherwise stated herein, all notices,correspondence and papers necessary and proper forthe arbitration proceeding under this Program and forthe entry of judgement of any arbitration award may beserved upon any party by regular mail addressed to thatparty at that party’s last known addresses or to theparty’s counsel of record.

SECTION 8 - CORRESPONDENCE

Requests for further information and correspondencerelating to this Program may be sent to the Office ofthe Administrative Judge of the 9th Judicial District atthe following address:

Hon. Alan D. ScheinkmanAdministrative JudgeNinth Judicial District111 Martin Luther King Blvd.White Plains, New York 10601(914) 824-5100

SECTION 9 - PERIODIC REVIEW

The functioning of this Program shall be reviewedperiodically from the reports submitted by the DistrictOffice to the Board of Governors including anyrecommendations or suggested changes of theProgram.

SECTION 10 - EFFECTIVE DATE

These Rules and Procedures shall take effectimmediately upon approval of the Board of Governors. These Rules and Procedures and any amendmentsthereto shall apply in the form in effect at the time anarbitration is initiated.

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UCS 137-4a (10/13)

CLIENT REQUEST FOR FEE ARBITRATION

1. Your name, address and telephone number:

Name:

Address:

Telephone Number:

Email Address:

2. Name, address and office telephone number of the law firm and/or attorney who handled

your matter:

Name:

Address:

Telephone Number:

Email Address (if known):

3. If your attorney represented you in a lawsuit, in which court and county was the lawsuit

filed?

Court:__________________________ County: __________________________

4. a. On what date did your attorney first agree to handle your case?

__________________, 20___

b. On what date did your attorney last perform services on your case?

__________________, 20___

5. Briefly describe the type of legal matter involved and what your attorney agreed to do in

(Office Use Only) Date Received: .................................

Case Number: _________________

the course of representing you (attach a copy of the written retainer agreement, letter of

engagement, or other papers describing the fee arrangement, if any):

6. In the space below, indicate the date, amount and purpose of each payment you made to

your attorney. Attach additional sheets if necessary.

Date Amount Purpose (e.g., attorney’s time, out-of-pocket

expenses, filing fees, etc.)

__________ $____________ _________________________________________

__________ $____________ _________________________________________

__________ $____________ _________________________________________

__________ $____________ _________________________________________

7. How much of your attorney’s fee is in dispute (attach a copy of your attorney’s bill, if

available):$______________________________

8. Have you received a “Notice of Client’s Right to Arbitrate” from your attorney?

________. If yes, please attach a copy.

9. Briefly describe why you believe your attorney is not entitled to the amount set forth in

question 7 (use additional sheets if necessary):

10. I elect to resolve this fee dispute by arbitration, to be conducted pursuant to Part 137 of

the Rules of the Chief Administrator [22 NYCRR] and the procedures of the Ninth Judicial

District, copies of which I have received. I understand that the determination of the arbitrator(s)

is binding upon both the lawyer and myself, unless either party rejects the arbitrator’s award by

commencing an action on the merits of the fee dispute (trial de novo) in a court of law within 30

days after the arbitrator’s decision has been mailed.

Dated:_____________________________ Signed:_____________________________

IMPORTANT: You must file an original and four copies of this Request for Fee Arbitration along with five copies of all exhibits. Please send these documents to: Ninth Judicial District Hon. Alan D. Scheinkman Administrative Judge Ninth Judicial District 111 Martin Luther King Blvd. White Plains, New York 10601

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