Overview

What is the Fee Dispute Resolution Program (FDRP)?

The New York State Court System has a Statewide Fee Dispute Resolution Program (FDRP) to resolve disputes over fees between attorneys and clients.  

In general, a lawyer may not sue a client in court over a fee dispute unless he or she first gave the client notice of the right to use the FDRP. Once the client has received this notice, the client has 30 days to decide whether to use the FDRP. If the client doesn’t send in the completed Client Request for Fee Arbitration form to the local program within 30 days, the lawyer is free to pursue the matter in court.

The program is voluntary for the client to use unless the client and attorney agreed ahead of time to use the FDRP if they had a fee dispute. The FDRP accepts cases where the attorney claims that the client owes money and where the client claims he or she is entitled to a refund.

Local programs, approved by the Board of Governors, offer fee dispute resolution services throughout the state.

 

Involved in a Fee Dispute?

The FDRP handles fee disputes in most civil matters, whether the attorney claims there is an unpaid fee or where the client claims a refund is owed. 

However, the program is not appropriate for all fee disputes. The official text of the rule can be found in 137.1 (a-b). The following table shows a summary of the types of cases the FDRP accepts and does not accept. If you are unsure if your case is appropriate for the FDRP, please contact your local program administrator for help.

 

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Fee Disputes the FDRP Can Accept
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Fee Disputes the FDRP Cannot Accept

Disputes over Legal Fees

The FDRP can only accept disputes over legal fees, including costs. 

Attorney Misconduct

The FDRP cannot address claims of attorney misconduct - claims that a lawyer violated one or more of the Rules of Professional Conduct. In New York, the conduct of attorneys is governed by the Appellate Divisions of State Supreme Court and the Disciplinary and Grievance Committees appointed by the respective Appellate Division. Get more information on the Grievance Committees by going to Complaints about Attorneys.

Note about timing: Clients may file a fee dispute at the same time they file a complaint with a grievance committee. The FDRP local program administrator may decide, however, not to schedule the hearing until the grievance committee has completed its investigation. As noted below, there is a time limit for when a fee dispute may be filed. The client must file for fee arbitration within two-years of the last date of services. 

Attorney Malpractice

The FDRP cannot address claims of attorney malpractice - acts of negligence or incompetence by a lawyer. If you are a client and you believe that your attorney committed malpractice in your case, you should consult another attorney. If you use the FDRP, it is possible that an FDRP arbitration decision against you could prevent you from bringing a malpractice claim in court later. 

Claims against an attorney for damages or affirmative relief other than adjustment of the fee.

Fee Disputes where the attorney represented the client in a civil matters

Like family and divorce, commercial and contract, real estate to name a few.

Criminal Matters

Where representation began on or after January 1, 2002.

Representation began before January 1, 2002.

The amount in dispute is $1,000-$50,000, except if the parties agree, programs may accept cases that are less than $1,000 or more than $50,000.

The amount in dispute is less than $1,000 or more than $50,000. 

Where some part of the attorney’s services were rendered within the two years before the filing.

Disputes where no attorney's services have been rendered for more than two years.

Attorneys admitted to the bar in New York.

Disputes where the attorney is admitted to practice in another jurisdiction and maintains no office in the State of New York, or where no material portion of the services was rendered in New York.

 

An attorney-client relationship exists between the parties.

Disputes where the request for arbitration is made by a person who is not the client of the attorney or the legal representative of the client. 

Some examples of who cannot use the FDRP to resolve the fee dispute are: a person who has guaranteed payment of the attorney’s fee; a family member; a corporate officer where the company is the client; an attorney who referred the client and claims that a referral fee was not paid in full.

There is no court order setting the fee, and no rule or statute that either sets or caps the fee or gives sole jurisdiction to a specific court or body to set the fee.

Where the court, and not the FDRP, has jurisdiction to review and approve attorneys’ fees, such as in bankruptcy proceedings and in certain instances involving estates matters in Surrogates’ Court. In these cases, the FDRP would not be the right place to resolve your fee dispute.

In other case types, attorneys’ fees may be regulated by schedules imposed by statutes or rules. For example, fees charged on a contingent basis in medical, dental or podiatric malpractice cases; contingency fees in personal injury, property damage and wrongful death cases; and attorneys’ fees in social security disability cases.

 

Hands on trackIf your fee dispute is one the FDRP can accept, begin below:

Attorneys Start

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