What factors are considered in fee arbitration?
Depending on the circumstances, the arbitrator will consider several factors in reaching a decision. These may include
- Whether there was a written fee agreement;
- The value of the lawyer’s services;
- Whether the lawyer spent an appropriate amount of time on your case;
- Whether there are any billing errors; and
- Whether any professional negligence or misconduct by the attorney affected the value of the services.
The arbitrator will decide the matter based on written submissions and the evidence presented at the hearing. The award will be either binding or nonbinding, depending on what the two parties choose.
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