Lawyer Fee Dispute Resolution Questions and Answers
Does the LSBA offer any assistance for settling disputed attorneys' fees?
Yes, the LSBA Lawyer Dispute Resolution Program was created to provide quick, low cost and confidential solutions to fee disputes between clients and attorneys or between two attorneys, as an alternative to going through the court system.
What is the cost of arbitration?
$50.00 each for client/attorney disputes under $10,000.00
$100.00 each for attorney/attorney disputes or for any attorney/client dispute of $10,00.00 or more.
Are there any costs for services of arbitrators?
Only in disputes between two attorneys may the arbitrator(s) charge for their services, which cost is paid by the parties. In disputes between client and attorney, the arbitrator serves pro bono.
Is the arbitration binding?
Yes, and may be enforced by the courts.
How many arbitrators preside over a hearing and how are arbitration hearings conducted?
Since Covid, only one arbitrator presides over the dispute and all hearings are conducted via video conference (e.g., Zoom).
How are the arbitrators selected?
The LSBA maintains a panel of attorneys who are specifically trained to conduct fee dispute arbitration hearings for the LSBA. After an arbitration petition is accepted by the bar, a list is sent to the parties involved in the dispute. They are asked to number the arbitrators by order of preference and return the list to the LSBA. The final choice is made by the LSBA administrator and the arbitrator is notified of the appointment. The choice of a date, time and place to conduct the hearing is at the arbitrator's discretion.
Are parties allowed to communicate with the arbitrator?
Parties are prohibited from communicating with the arbitrator unless all parties are present; that is, during the hearing or during a preliminary phone call which arbitrators sometimes require. Further, parties are prohibited from sending any documents to the arbitrator directly. All supporting documents must be sent to the LSBA and LSBA staff will then transmit the documents to the arbitrator and to the other side of the dispute.
When are arbitration hearings scheduled?
After an arbitrator is appointed, LSBA staff will coordinate with the arbitrator and the parties to schedule the hearing at a mutually convenient date.
What happens if the Respondent rejects arbitration?
If the Respondent is an attorney, the Claimant will be notified that he/she has the option to lodge a complaint with the Louisiana Attorney Disciplinary Board. If the Louisiana Attorney Disciplinary Board decides that the complaint is a fee dispute and takes no action, the only alternative will be to file a court action or to engage private counsel.