Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I have submitted for attorney fee arbitration as you

Customer Question
Hi again, I have submitted for...
Hi again,
I have submitted for attorney fee arbitration as you suggested but my application was declined and the secretary of the District Arbitration Committee returned all the documents I have sent him. I have attached the letter I received from him in this regard, what options do I have at this point? Please let me know.Thank you
Submitted: 8 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 hour by:
11/13/2017
Lawyer: Dwayne B., Attorney replied 8 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Ask Your Own Legal Question
Lawyer: Dwayne B., Attorney replied 8 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

Ask Your Own Legal Question
Lawyer: Dwayne B., Attorney replied 8 months ago

I don't see a document attached but technically we're supposed to charge an additional fee to review any documents and it really shouldn't be necessary in a case like this.

If for any reason you are unable to arbitrate a dispute, then the only other step you can take is to file a lawsuit. I read your prior post regarding the IRA and alimony you are seeking to protect but transferring them at a time when you have been notified you may be subject to a lawsuit is unlikely to successfully protect the assets since the judge can void the transfer.

There aren't enough facts in your other post to tell what you would use as the basis of your lawsuit or your defense. However, since it is for attorney's fees the only likely defenses are 1) the contract called for a lesser amount and/or 2) the amount sought be the attorney was the result of overbilling.

You will, unfortunately, have to hire an attorney to defend you or pursue this attorney but you can seek those attorney fees in the case. The fact that the attorney refused to arbitrate may be considered by the judge in deciding whether they are going to award attorney's fees.

Your "new lawyer" will want to do extensive discovery so they can get copies of all internal memos, time slips, notes, etc. and recreate what your "old" lawyer claims they did.

You can either wait to be sued or you can take the lead and bring the case yourself, whichever is more comfortable for you. However, you would want to go ahead and start trying to find a lawyer to assist you because that may take a while. To locate someone I'd suggest you go to www.lawyers.com and in the section for Area of Practice enter Legal Malpractice. While this isn't a malpractice case, usually the same lawyers handle both types of cases.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Ask Your Own Legal Question
Customer reply replied 8 months ago
Here is the letter attached I thought I have attached it earlier.
Lawyer: Dwayne B., Attorney replied 8 months ago

As I said, we're supposed to charge a fee to review any documents but rather than submit a separate services charge I'd just ask you to consider that when you issue your rating and are asked if you would like to leave a tip. Normally, a charge for a document review would be, at a minimum, $30 with $50 being more usual.

As to the document, it was as I assumed and the State Bar simply refused to accept responsibility for the arbitration. They cite the specific reason in the letter, that the amount in controversy you are claiming, $173,977.28, exceeds the amount at which they must accept arbitration and is more than they are comfortable with. This is not an unusual response since it often ends up with the members of the arbitration panel being subpoenaed into court if the client loses the arbitration, even though that is technically against the rules.

The second page indicates they believe is really no right to appeal a denial of a decision not to accept non-mandatory arbitration but explains where and the time limits you normally have to appeal denials of arbitration.

Other than that, the letter doesn't change anything about the answer I have you earlier. You would still need to hire the same type of lawyer, use the same discovery tactics to develop the same information, and still have to file a lawsuit.

You can also either sue for breach of contract or wait to get sued and defend the case. The cost will be about the same either way and once you locate your lawyer they will advise you on which of the two ways you should proceed based on their perception of the facts of the case and the trial tactics.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Ask Your Own Legal Question
Customer reply replied 8 months ago
What if I can't afford a lawyer at this point? do I have other choices?
Lawyer: Dwayne B., Attorney replied 8 months ago

You can file yourself, which would be unwise, or you can call around and see if you can find a lawyer that will take the case on a % basis but I'm not sure how likely that would be. Your only choice is to sue though unless the old lawyer wants to agree to am arbitration through a different and private arbitration agreement.

I think it is pretty safe to assume he isn't going to agree to arbitrate but it won't hurt to ask. Your best bet is to start calling around and see if anyone is interested in taking the case for a %.

Ask Your Own Legal Question
Customer reply replied 8 months ago
Thank you for your help, you mentioned trying to find a lawyer who will take the case on a % basis. My question here is on % of what?
Lawyer: Dwayne B., Attorney replied 8 months ago

A % of whatever fee he is able to recover. This isn't the kind of case where that is usually done, but since he can ask for attorney's fees to be awarded as well, you may find someone who is aggressive and has some extra time to work on the case. It also isn't the type of case that would be tremendously expensive as compared to, for instance, a medical malpractice case.

It's worth asking around about anyway and especially since this is not the kind of case a lawyer would be likely to take pro bono (for free). Many lawyers also take credit cards, will allow you to put a down payment an then pay out a fee, etc. so there are a number of different ways you may be able to get someone to help you.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
34,389 Satisfied Customers
Experience: Began practicing law in 1992

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Received right to arbitrate letter from attorney. Trying to
Received right to arbitrate letter from attorney . Trying to answer his complaint filed in court for collection fees . But there is no court info or case number ***** How do i Answer… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,170 satisfied customers
I have a dispute with a mediator/arbitrators fees. I paid
I have a dispute with a mediator/arbitrators fees. I paid for service day of mediation and day of arbitration yet after the arbitrator made his award he continued to charge fees and is seeking payment… read more
Sean K
Sean K
Attorney/Member
JD
869 satisfied customers
I live in NY, Brooklyn. I have notice of arbitration award
I live in NY, Brooklyn. I have notice of arbitration award in matter of fee dispute arbitration between me and attorney. Haw can I get that reward? What is my next step? it is more than 60 days alread… read more
KLAW
KLAW
Juris Doctorate
2,262 satisfied customers
I need to know how to write letter requesting arbitration
I need to know how to write letter requesting arbitration from the Arizona Bar Association… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,657 satisfied customers
I have a couple questions about fee arbitration between
Hi, I have a couple questions about fee arbitration between my former lawyer and I. This is a NYC based matter. First, a brief synopsis. My former lawyer is threatening to pursue legal action if I don… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I was awarded a settlement of $7,500.00 inn Dec. 2014. When
I was awarded a settlement of $7,500.00 inn Dec. 2014. When we sent to arbitration the attorney told me and my husband that she would not take any money from me since I paid her $7,000.00. and that is… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,147 satisfied customers
Hi, I filed a lawsuit and case is set for trial on December
Hi, I filed a lawsuit and case is set for trial on December 1. I am trying to represent myself. I received a letter from her attorney requesting for ALTERNATIVE DISPUTE RESOLUTION. I am okay with non-… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,657 satisfied customers
Hi Robert, quick question. If an attorney sues me, for damages, after the four years of l
Hi Robert, quick question. If an attorney sues me, for damages, after the four years of limitations on collection of attorney's fees has passed, should I seek arbitration through the local bar or hire… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I owe a commission from an agreement i signed nov. 2011. My
I owe a commission from an agreement i signed nov. 2011. My husband and i were told that we could pay what we could when we could. I was working for this Agent/Broker as an agent at the time. The comm… read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
I got a default judgment 2/23/12 against me and filed a motion
I got a default judgment 2/23/12 against me and filed a motion to vacate with a return date 3/16/12. The motion to vacate was denied and monetary reward given to the other party. In presence of a time… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
Thank you for the answers you have provided to us. We would
Thank you for the answers you have provided to us. We would like to continue to learn what are appropriate expectations from our legal representative. As stated we have already been billed $15,000 plu… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
Question: What are the rules and procedures for notification
Question: What are the rules and procedures for notification of an arbitration hearing with regard to Fee Disputes before the arbitration board, Florida State, and where can I find such rules and regu… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
i have a "doozie" re:due process. several years ago i was
i have a "doozie" re:due process. several years ago i was the president of a brokerage firm with several branches. the firm,a broker and the brokers branch manager subsequently went out of business an… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Plantiff sent a letter and documentation to our arbitrator
Plantiff sent a letter and documentation to our arbitrator after the hearing and before the arbitrator made a decision. The UTCR code says no contact is allowed. I'm the defendant. What are my rights?… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
We are planning to run an online raffle to collect money for
We are planning to run an online raffle to collect money for a non-profit org. Are there any legal considerations or limitations that we need to have in consideration? thanks in advance… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
In New Jersey, I have a lawsuit regarding a slip and fall in
In New Jersey, I have a lawsuit regarding a slip and fall in which I was badly injured when I tripped over a broken sidewalk in front of my apartment building. I was pregnant at the time and nearly mi… read more
Lawmoe
Lawmoe
Lawyer with 20 years of experience
Juris Doctorate
2,405 satisfied customers
12-17-08 my husband & I were in a auto accident, the other
12-17-08 my husband & I were in a auto accident, the other driver ran a red light which cause us to hit him & we had a witness. Our ins. was Farmers the other man's was Dairyland. Dairyland did not wa… read more
GWarren Customer Advocate
GWarren Customer Advocate
Attorney, Consultant and Managing Member
Juris Doctor
355 satisfied customers
I am from El salvador . I practice as a prosecuter for ...
I am from El salvador . I practice as a prosecuter for the salvador government what is required to practice in Arizona. Do I have to repeat some of the school courses? Do I simply have to take a prep … read more
Lawmoe
Lawmoe
Lawyer with 20 years of experience
Juris Doctorate
2,405 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x