Q: I intend to file a fee dispute against a lawyer Is it best to discuss the fee dispute first or go to arbitration?
The question corresponds to an active civil case (divorce matter) in which I don't feel I've been adequately represented. I've already fulfilled the retainer agreement and then some, however I feel that I've bee poorly represented that have led to mistakes, delays etc.
A:
The answer to your question could differ based on the negotiation philosophies of any given attorney. As a general matter of arbitration law, without regard to the type of case it is, some attorneys feel there are benefits to openly discussing issues first. It could give the other side notice of your sentiments and provide an opportunity to take corrective measures. But the decision is ultimately up to the individual. Speaking with attorneys who handle such cases might provide insight in the decision-making process. Good luck
Tim Akpinar
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