What steps need to be taken in order to recollect fees from an attorney?
Full Question:
Answer:
The Illinois State Bar Voluntary Fee Arbitration Service stands as a viable alternative to costly and time-consuming litigation. Arbitration has several advantages, beginning with the fact there is no charge for the service. Once agreed to by lawyer and client, arbitration is speedy, especially in comparison to a court action, and because our committee includes lawyers and non-lawyers, both parties can be confident of a fair hearing and resolution.
Either party, the client or lawyer, may request arbitration by writing to the Illinois State Bar Association (ISBA). Once contacted, our committee sends the complaining party an Agreement to Arbitrate and form for Statement of Facts. Upon receipt of these completed documents, the ISBA will mail a letter to the other party, advising him or her of the request for arbitration and asking for an agreement to arbitrate. Both parties must agree to arbitration before we can proceed.
When both parties have signed the Agreement to Arbitrate, the matter is assigned to a member of the Voluntary Fee Arbitration Committee, who serves as the fact finder. The fact finder conducts a review of the materials submitted by the parties and makes a report with recommendation to the entire committee. If the committee agrees with the fact finder's report, a formal decision is adopted, and signed copies are mailed to both parties.
Anyone wishing to request arbitration of a dispute can write to: Fee Arbitration, Illinois State Bar Association, 424 S. Second St., Springfield, IL 62701-1779.
For more information about the service, call the ISBA at (800) 252-8908 and request the Voluntary Fee Arbitration brochure, or go online to www.isba.org and click on "Fee Arbitration" under Public Information on the left side.