May 2003

Lawyer Services: 2003 Fee-Arbitration Panel Training Seminar

by Constance Gould
ADR Program Committee Member

Lawyers and clients who wish to resolve fee disputes in a simple, effective manner have been successfully using the WSBA Fee-Arbitration Panel for years, but panel members had never been offered special training unique to fee arbitrations until this year. The first Arbitration Panel Training Seminar, conducted by the WSBA Alternative Dispute Resolution Committee, was held at the WSBA office on March 7, 2003. All 130 lawyer and nonlawyer panel members were invited to attend the free three-hour seminar. Although a snowstorm prevented many panel members who come from outside the Seattle area from attending, 33 lawyers and 11 nonlawyer panel members were present.
 
The Fee Arbitration Program was started by the WSBA in the mid-1970s to give clients an inexpensive and quick method to resolve fee disputes with attorneys. The program was informal and administered part-time by a clerk in the Office of Disciplinary Counsel. In 1998, the program became part of the Lawyer Services Department's ADR Program. Mediation was added the following year, and the ADR Committee was formed to oversee the new programs. Chris Sutton, WSBA professional responsibility counsel, serves as ADR program manager and liaison to the ADR Committee. Talia Clever is the ADR program coordinator.
 
Participation in fee arbitration is voluntary and confidential, and either party may file a request. The other party must then also consent to arbitration. Each party pays a $75 administrative fee. The parties also must agree to the amount in dispute. If the amount in dispute is $5,000 or less, the matter is referred to one lawyer-
arbitrator. If more than $5,000, the dispute is heard by a panel of arbitrators consisting of one lawyer and two nonlawyers. The decision of the arbitrator(s) is binding.
 
The seminar included presentations by Chris Sutton, Talia Clever and Carol Teather. On the agenda were discussions of the history; procedure for fee arbitrations; and RPC 1.5, which governs the reasonableness of attorney fees. Much attention was given to the need to ensure the appearance of fairness, as well as to avoid conflicts of interest. The audience actively participated in the training by asking thoughtful questions and offering best practices. The seminar concluded with a lively mock arbitration conducted by Carol Teather, with ADR Committee Chair Lisa Schuchman serving as the attorney, and committee member Constance Gould playing the role of client.

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