• FAB Forms and Documents

A Guide to the Legal Fee Arbitration Board

Forms and Documents for Fee Arbitration

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The Massachusetts Bar Association Legal Fee Arbitration Board (FAB) is organized primarily to help resolve legal fee disputes between attorneys and between attorneys and their clients. FAB provides an alternative to the use of the Small Claims, District, or Superior Courts. The arbitration hearing has only one purpose: to decide what is the fair and reasonable value of the attorney's legal services. The arbitrators will not make rulings about the behavior or ethics of the attorney.

FAB also serves as a resource for both attorneys and clients by providing a staff person to answer questions regarding legal fees, by publishing model fee agreements and by presenting programs that promote healthy communications between attorneys and clients with regard to their professional association.

The following headings will help you learn about FAB

What is binding fee arbitration?

Who are the arbitrators and what do they do?

What materials should be supplied to the Legal Fee Arbitration Board?

When will I be notified of the hearing?

What will happen at the hearing?

Should I be represented by an attorney at the hearing?

What if I win at the arbitration hearing?

What if I disagree with the arbitrator's decision?

Questions?

What is binding fee arbitration?
In order to begin the arbitration procedure, either party to a legal fee dispute may file a "Petition for Arbitration." The Agreement to Arbitrate only addresses the issue of what is a fair and reasonable fee. Once received, the Board will seek the agreement of the other party to participate. The Board does not have the authority to compel anyone, attorney or client, to submit to the jurisdiction of the Board, nor are the arbitrators empowered to make any rulings on the behavior or ethics of the attorney.

Once these forms have been filed with the Legal Fee Arbitration Board, including full payment of the appropriate filing fee, the petitioner and the respondent are legally required to arbitrate the dispute and to accept the decision of the arbitrators. At this point, neither party may withdraw from the arbitration process unless the other party agrees. If there is no agreement to withdraw, the party refusing to arbitrate may be compelled by a court to participate in the arbitration.

Please click here to see the paragraph What if I disagree with the arbitrator's decision?

Who are the arbitrators and what do they do?
Arbitrators are either volunteer attorneys who are members of the Massachusetts Bar Association or trained non-attorney neutral volunteers. At the hearing, a single arbitrator will render a decision in all matters involving $10,000 or less. A three-member panel will hear all matters involving more than $10,000. All fee arbitration appointments will include at least one attorney-arbitrator, designated as the Chief Arbitrator, who is experienced in the area of law from which the dispute arose.

The Board fosters open and full discussions at all hearings. The arbitrators will hear testimony and take evidence, including the actual fee charged by the attorney, and the client's opinion of what is a fair fee. However, the final decision may not agree with either party's figure. The arbitrators have the right to award a fee which is either higher, the same as, or lower than the attorney's actual bill. It is important to note that the only issue that will be considered by the arbitrators at the hearing is the fair and reasonable value of the lawyer's services. The arbitrators will not make rulings about the behavior or ethics of any attorney. The decisions of the arbitrators are delivered to the parties within ten business days after the hearing. All FAB awards are final and binding.
 

What materials should be supplied to the Legal Fee Arbitration Board?
It is important that the arbitrators learn as much as possible about the fee dispute and the matter that the lawyer was handling. Therefore, in addition to the information supplied on the printed filing forms, each party is urged to provide the board with as many of the following documents as possible:

1. copies of the attorney's bills;
2. copies of any records of the time spent by the attorney on the case;
3. copies of any written fee agreements between the client and the lawyer;
4. copies of letters to or from the attorney that are about the fee dispute;
5. copies of all work done by the lawyer (for example, marital separation agreement, deed, contract, etc.);
6. any other documents which relate to the attorney's fee or the case for which services were provided.

All written evidence must be submitted to the Legal Fee Arbitration Board no later than ten days prior to the hearing.
 

When will I be notified of the hearing?
You will be given ample notice of the time and location of the hearing and the names of the arbitrators who will be on the arbitration panel. Once you have been notified of a hearing date, the arbitrators will hear the case on that date. You may choose not to be present at a hearing. If you choose not to attend you should fill out and return to the Legal Fee Arbitration Board the form entitled Waiver of Appearance. This form will be sent to you upon request.

If you want to be present at the hearing, and later learn that you cannot be there on the scheduled date, you must call or write to the Legal Fee Arbitration Board to request a postponement as soon as possible. If the request is granted (or party agreed), a new date may be arranged without delay.

Note: Unless you have notified the board within a reasonable period of time, the arbitrators may conduct the hearing without you.

What will happen at the hearing?
The client and the attorney will meet the arbitrators and will be sworn in at the opening of the hearing. The hearing is held in a conference room of the Boston or Springfield Massachusetts Bar Association. The client and the attorney will sit at separate tables accompanied by any witnesses in attendance. Generally, the petitioner will have the first opportunity to tell his or her side of the dispute. The respondent will then be allowed to ask questions. Next, the respondent will have the opportunity to present his or her side of the dispute, and the petitioner will be allowed to ask questions.

Note: The arbitrators will only listen to evidence that is directly related to the fee dispute.

The arbitrators may ask questions at any time during the hearing. You should try your best to completely answer any question asked by the arbitrators. They will be better able to reach a fair decision if they have all of the details and pertinent facts relating to the fee dispute. You should not interrupt the opposing party or an arbitrator while he or she is speaking. You will have a chance to respond to statements made by the other party, and you will also have an opportunity at the end of the hearing to summarize the basis for your position.

Should I be represented by an attorney at the hearing?
The arbitration hearing is a formal proceeding, just as a court hearing would be. Although the rules of evidence followed in a courtroom are not followed at the arbitration hearing, the chief arbitrator has the right to decide which evidence and testimony may be presented at the hearing. Therefore, while you do not have to be represented by an attorney at the hearing, you are strongly urged to have an attorney present at the hearing if you have any doubts about your own ability to represent yourself. If you choose to represent yourself at the hearing, it may be advisable for you to consult an attorney earlier in the arbitration process if you have any doubts about your own ability to represent yourself at any point in the proceedings.

What if I win at the arbitration hearing?
If a party is awarded monies and those monies are not paid within 30 days, the prevailing party may make an application to the Superior Court for an order to confirm the award of arbitrators. This will require a filing fee and your appearance in court. However, because this is a formal court proceeding, it may be advisable to retain an attorney.
 

What if I disagree with the arbitrator's decision?
If you do not agree with the arbitrator's decision and you want to attempt to have it overturned, you have only 30 days after delivery of the award to you in which to vacate the award. Within this 30-day period, you must file an application in the Superior Court, together with a filing fee, asking the court to overturn the decision of the arbitrators. This is called an Application to Vacate, and it may only be made for one or more of the following reasons:

1. the award was procured by corruption, fraud or other undue means;
2. there was evident partiality by an arbitrator or corruption in any of the arbitrators, or misconduct prejudicing the rights of any party;
3. the arbitrators exceeded their powers;
4. the arbitrators refused to postpone the hearing upon sufficient cause being shown or refused to hear evidence material to the controversy, or otherwise so conducted the hearing as to prejudice substantially the rights of the party.

You will need enough proof to convince the Superior Court that the award of the arbitrators should be overturned and for at least one of these reasons. This application to the Superior Court is a formal court proceeding. In most cases, it will be advisable for you to retain an attorney before filing this application. After you receive the notice of decision, if you have any doubts about your rights to appeal the award, you are strongly urged to consult an attorney immediately.

Questions?
If you have any questions about the Massachusetts Bar Association's Legal Fee Arbitration Board process or if you need further information, please call (617) 338-0646 or e-mail Fee Arbitration Board.