This page explains how and where disputes between lawyers and clients over the payment of attorney fees will be handled. It outlines the procedure which will be followed in the event the Committee determines that a fee dispute exists. It is important that you read this page carefully. This is only an outline, and a copy of the entire rules of the Resolution of Fee Dispute Committee may be obtained by writing The Mississippi Bar at Post Office Box 2168, Jackson, MS 39225-2168. 

1. WHAT IS THE RESOLUTION OF FEE DISPUTE COMMITTEE?
   The Resolution of Fee Dispute Committee, commonly referred to as the Fee Dispute or Fee Arbitration Committee, was created by The Mississippi Bar to mediate and arbitrate disputes originating over the payment of attorneys' fees. While the large percentage of these disputes will be between an attorney and a client, the Committee will consider disputes between attorneys. In either event, the Committee encourages the amicable resolution of all disputes falling within its jurisdiction. However, if these disputes are not resolved then the Committee is prepared and authorized to arbitrate and finally determine the disputed matter.
   
   
2. HOW DO I REQUEST CONSIDERATION AND WHAT SHOULD MY REQUEST CONTAIN?
   Your request should be submitted to the Resolution of Fee Dispute Committee, The Mississippi Bar, P. O. Box 2168, Jackson, MS 39225-2168. Forms for filing a request may be obtained by calling The Mississippi Bar at 948-4471.ÿ While specific forms are available, it is not required that you file the request on such a form. However, your request should contain as clearly and briefly as possible the facts with respect to the fee dispute, the names and addresses of the parties to the dispute and the identity of any person who may be directly affected by its outcome. Nevertheless, you may be asked to complete the standard form to assure that the necessary information is provided.
   
   
3. WHAT HAPPENS TO MY REQUEST AFTER I FILE IT?
   You will be notified that the request has been received and forwarded to the Chairperson of the Committee. You will be provided a copy of the rules of procedure of the Committee and asked to sign an Agreement To Submit Controversy To Arbitration, commonly referred to as a Consent To Arbitration. The attorney is forwarded a copy of your request, the rules of procedure and also asked to sign a Consent To Arbitration form.ÿ The Chairman assigns your request to a member of the Committee for review. After you have executed the Consent To Arbitration, the assigned member will conduct a preliminary investigation to determine if a legitimate claim has been filed. If the assigned member determines that the claim should be dismissed, he prepares a written report for submission to the Executive Council of the Committee. If the Executive Council does not agree with the assigned member's recommendation, your dispute is given to another committee member for additional investigation.ÿ If the assigned member concludes that a legitimate dispute has been stated, you and the attorney are advised that the Committee has assumed jurisdiction. Both parties are urged to reach an amicable resolution to the dispute. If possible, the assigned member will hold a meeting or meetings with both you and the attorney to attempt to settle this matter. If no agreement is reached, an arbitration conference will be rescheduled.
   
   
4. WHAT IF THE ATTORNEY WILL NOT CONSENT TO BINDING ARBITRATION?
   The attorney is not bound by any law to consent to arbitration. If the dispute fails to proceed to binding arbitration because the attorney refuses to consent, you will be so notified and the case will be closed.
   
   
5. IF WE BOTH CONSENT TO BINDING ARBITRATION, WHAT HAPPENS NEXT?
   Within thirty days after receipt of the dispute, the arbitrator will schedule a hearing. You and the attorney will be advised of the hearing date at least seven days in advance and requested to submit to the arbitrator, at least two days prior to the hearing, a statement by you as to what you perceive the facts to be in the dispute.ÿ Both you and the attorney are entitled to be heard, to present evidence and to cross-examine witnesses appearing at the hearing. The arbitrator sets the order in which proof will be presented but both you and the attorney are afforded a full and equal opportunity for the presentation of any material evidence. At the conclusion of the hearing, the arbitrator will ask both you and the attorney whether you have any additional evidence to submit in any form. If the answer is no, then the hearing will conclude.ÿ If you and the attorney agree, the oral hearing may be waived and you and the attorney may submit your respective positions to the arbitrator in writing, together with any exhibits, and the arbitrator may then determine the controversy on the basis of such documents. However, if the arbitrator deems it desirable, the arbitrator may still require oral testimony of any party or witness after notice to both you and the attorney.
   
   
6. WILL I NEED AN ATTORNEY TO REPRESENT ME IN THE HEARING?
   You and the attorney have the right to be represented by an attorney at any stage of the proceedings but such representation is at the expense of each party. While you are not required to have an attorney, you should definitely consider employing an attorney, especially at the hearing stage. Examination and cross-examination of witnesses is an artful process and the myriad of procedural rules could leave you confused if you are not familiar with the legal system.
   
   

7. WHEN COULD I EXPECT A DECISION FROM THE ARBITRATOR AND WHAT DOES THE ARBITRATOR'S DECISION MEAN?
   The decision of the arbitrator is due within fifteen days after the hearing and is expressed in a written opinion signed by the arbitrator. The opinion may state the jurisdictional facts, a brief statement of the dispute, the findings of the arbitrator and the award. If the arbitration panel is composed of three members, the majority opinion will control and the dissenting member will present a separate signed opinion.

   A. If the award determines that the participating attorney who consented to binding arbitration is not entitled to any portion of the disputed fee, service of a copy of the award on the attorney shall:
   1. Terminate all claim and interest of the participating attorney or attorneys against the participating client or clients in respect to the subject matter of the arbitration;
   2. Terminate all right of such attorney or attorneys to retain possession of any documents, records, or other properties of such client or clients pertaining to the subject matter of the arbitration then held under claim of attorney's lien or for other reasons; and,
   3. Terminate all right of such attorney or attorneys to oppose the substitution of one or more attorneys designated by such client or clients in any pending litigation pertaining to the subject matter of the arbitration.
      
      
   B. If the award is in favor of an attorney who consented to binding arbitration, the arbitrator fixes the amount to which the attorney is found to be entitled. Payment of that amount shall:
   1. Constitute a satisfaction of all claims and interests of the participating attorney or attorneys against the participating client or clients with respect to the subject matter of the arbitration;
   2. Terminate all right of such attorney or attorneys to retain possession of any documents, records, or other properties of such client or clients pertaining to the subject matter of the arbitration then held under claim of attorney's lien or for other reasons; and,
   3. Terminate all right of such attorney or attorneys to oppose the substitution of one or more attorneys designated by such client or clients in place of the participating attorney or attorneys in any pending litigation pertaining to the subject matter of the arbitration. If the award is in your favor and the arbitrator determines that you are entitled to a refund of all or a part of the monies previously paid by you, the arbitrator shall fix the amount to which you are found to be entitled. Payment of that amount shall constitute a complete satisfaction of all claims and interest of you against the attorney with respect to the subject matter of the arbitration.
      
      

• WHAT WILL THIS PROCEDURE COST ME?
  There is no charge to you or the attorney for presenting this matter to the Committee. You may incur expenses if you employ an attorney to represent you or wish to employ a court reporter to transcribe the hearing in the event that the arbitrator does not request that a court reporter be obtained. You are not assessed any costs or expenses incurred by the Committee or arbitrator.
  
  
• IN CONCLUSION
  
• Hopefully, it will not be necessary that you use the Resolution of Fee Dispute Committee to resolve your problem. It is always recommended that you attempt to discuss and settle your dispute with the attorney without resorting to this procedure. In the event that such resolution is not obtained, the Committee stands ready to review the dispute and reach a conclusion that is fair and equitable to all parties involved.

THIS INFORMATION IS ISSUED TO INFORM THE PUBLIC. IT IS NOT INTENDED AS ADVICE ON A SPECIFIC LEGAL PROBLEM. NO ONE SHOULD ATTEMPT TO IMPLY OR INTERPRET ANY LAW WITHOUT THE AID OF A LAWYER.