If you have a problem with an attorney’s bill, you don’t have to go to court to resolve it. The State Bar and local bar associations can help you resolve a problem with attorney fees through informal, confidential, and lower-cost alternatives, such as mandatory fee arbitration and mediation.
The goal of these programs is to resolve fee disputes between attorneys and clients by helping them communicate their disagreements to a neutral party. If a client requests arbitration through the Mandatory Fee Arbitration program, it is required for the attorney. The State Bar also offers fee mediation to both parties as an alternative or prior to arbitration. Mediation participation is voluntary for both parties. Consumers do not need an attorney to go through either arbitration or mediation.
How do I request fee arbitration?
Most fee arbitrations are conducted through programs run by local bar associations. To request fee arbitration, contact the local county bar program where most of the legal services were provided. This is typically the county where the attorney’s office is located.
You can refer to a list of approved arbitration programs. To start the process, complete a fee arbitration request form from the local bar association and submit the filing fee. Include information about the attorney’s fees and costs and explain why you believe the attorney’s fees are excessive. Attach copies of any documents requested on the form.
If there is no local bar program, the State Bar may provide fee arbitration. For more information, call the State Bar Mandatory Fee Arbitration program at 415-538-2020.
How do I request fee mediation?
Check with the local bar association in the county where most of the legal services were provided. If the local bar association offers fee arbitration but does not offer fee mediation, you may wish to pursue private mediation options.
Generally, you may only apply to the State Bar’s mediation program if there is no local bar association fee arbitration program available in the county where most of the services were provided. When you request fee arbitration with the State Bar, you will have the option of requesting mediation in advance of proceeding to fee arbitration by checking “Yes” on question 21 of the State Bar’s Request for Arbitration form. Note that both parties must agree to mediation in order to proceed.
