What cases may be arbitrated?
In general, all disputes between clients and their attorneys over fees may be arbitrated. There are a few exceptions as follows:
- Cases involving fees charged by an attorney who is, or was, not licensed to practice law in the state of Georgia at the time the services were performed.
- Cases involving services performed outside of Georgia or from an office located outside of Georgia.
- Cases in which there was no express or implied attorney/client relationship between the parties at the time the legal services in question were performed.
- Cases in which the disputed fee is $1,000 or less.
- Cases in which fees are governed by law or statute.
- Cases in which the full amount or all terms have already been fixed or approved by order of a court.
- Cases filed more than two years after the date on which the controversy first arose.
- Cases in which the petition fails to include the following information:
- date;
- signature of petitioner;
- the identities of both the client and the attorney and the contact information for both;
- a statement of the nature of the dispute and the particulars of the petitioner's position, including relevant dates;
- a statement indicating the petitioner has made a good faith effort to resolve the dispute and the details of that effort;
- the agreement of the petitioner to be bound by the result of the arbitration.
- Cases in which the petitioner's claim does not appear to have merit.
If your case is determined to be covered by one or more of the foregoing exceptions, you will be notified that jurisdiction is declined. While this means that no arbitration hearing will be conducted, it does not affect other rights that you may have under Georgia or federal law.
Category:
Fee Arbitration