Committee Documents/Links

2011-12 Report

The Fee Dispute Resolution Committee mediates (and in some cases arbitrates) fee disputes between lawyers who are members of the Mecklenburg County Bar and their clients.  Under the North Carolina Rules of Professional Conduct Rule 1.5(f), North Carolina licensed attorneys must participate in good faith in the Fee Dispute Resolution process if a client has made a timely and proper claim.

A Committee member determines whether this Committee has jurisdiction for Fee Dispute Resolution, then mediates the dispute if it is.  Cases that resolve in mediation are closed with a written memorandum.  Cases that reach an impasse may (with mutual consent) be referred to a 3-person arbitration panel consisting of two lawyers and one lay person, none of whom was the mediator.  Without such mutual consent, cases that reach an impasse are closed to allow the parties to pursue other remedies.

Fee Disputes may be filed locally or with the North Carolina State Bar, but most are handled locally.  Lawyer members of the Committee are trained and certified mediators or have extensive mediation experience.  All proceedings are confidential.

From July 1, 2011, through May 1, 2012, approximately 81 new files were opened and 50 were closed.  Of these closed files, more than 50% were settled.  This past year, the Committee continued to see an increase in filings by clients, as well as more Bar members seeking to collect on past due accounts and notifying clients of the Fee Dispute Resolution process.