Fee Dispute Arbitration Policies

Chattanooga Bar Association

Fee Dispute Arbitration Committee Policies

            This committee shall consist of members of the Chattanooga Bar Association. Its duty is two-fold:

            1. It shall make a continuing study of and recommend changes in the Association’s minimum fee schedule.

            2. It shall arbitrate or otherwise attempt to reconcile disputes between lawyers and between lawyers and their clients regarding justification and reasonableness of fees charged or claimed, pursuant to the following Principles, Rules and Regulations:

                        (a) JURISDICTION. This committee shall consider only such disputes as are referred by the Board of Governors. The Board of Governors will not entertain and will not refer any dispute unless one of the disputants has filed a written, signed complaint. Nor will it refer disputes originating:

                                    1. In undecided cases pending in any court or administrative agency, except upon request of the court or agency.

                                    2. In cases wherein a court or agency has mandatory or discretionary power to fix fees, except upon request of the court or agency.

                                    3. Before the Lawyer Referral Committee.

                        (b) RECONCILIATION. Recognizing that fee disputes oft-times result from misunderstanding, the committee shall, through investigation and suasion, first attempt to clarify any misunderstanding and to amicably reconcile disputes.

                        (c) ARBITRATION. Failing in reconciliation, the committee shall suggest arbitration to the disputants pursuant to T.C.A. 23-501 to 519, but failure to agree upon arbitration shall not preclude a hearing.

                        (d) NOTICE OF HEARING.  Within twenty (20) days following the receipt of a complaint form by the Chattanooga Bar Association office, a copy of the complaint will be forwarded to the respondent named therein, along with a copy of these rules. The respondent will be instructed to advise the CBA office in writing, within ten (10) days of receipt of the complaint, whether the respondent desires to submit the dispute to the Committee. If there is no response or the response is no, the complainant shall be so notified and the Committee shall take no further action. If the response is affirmative, both parties will be notified of the hearing date, time and place via email and/or phone call. If email address and/or phone number are not known to this office, notice will be sent via regular mail to their addresses of record with office.

                         (e) HEARING. Hearing of disputes may be conducted by a subcommittee of not less than three (3) members. All hearings shall be conducted in secret under the usual rules of evidence. The committee may avail itself of such appropriate reportorial and stenographic services as may be approved by the Board of Governors. At all hearings the Chairman shall designate one member to conduct the examination of witnesses on behalf of the committee and no other member shall intrude any questions except through the conductor. The disputants may examine witnesses in person or through counsel. Hearings may be adjourned to a day certain to meet the ends of justice.

                        (f) FAILURE OF A PARTY TO APPEAR.  In the event a party fails to appear at a duly scheduled hearing after being given adequate and sufficient notice, an award by default will be rendered favoring the appearing party.  The non-appearing party will have ten (10) days from the mailing date of a copy of the award to that party within which to request a new hearing.

                        (g) FINDINGS. In the absence of objection from any disputant, the hearing committee may announce its findings at the conclusion of the hearing. If the disputants accept the findings, the dispute shall stand reconciled. Otherwise, the full committee shall consider the dispute and prepare written findings, furnishing copies to each disputant.

                        (h) REPORT. Within thirty (30) days from receipt of the referral the committee shall report its findings and recommendation to the Board of Governors, along with its record, including the details on any suspected unethical conduct by any attorney.

                        (i) APPEAL. Any dissatisfied disputant may appeal to the Board of Governors within ten (10) days after notice of the committee’s findings and may be heard, in person or by counsel, upon the record made by the committee. The Board of Governors will not hear any evidence, but for good cause shown may refer the matter back to the committee to hear any additional or new evidence requested by any disputant. Upon final hearing the Board of Governors will report its decision in writing to the disputants, and may take such other action as may be indicated.