There are two main types of fee disputes in which lawyers, unfortunately, sometimes become involved.
Fee dispute with a fellow lawyer
The circumstances vary from case to case but typically the problem arises when it comes time to distribute the fee earned in handling a client matter. The dispute can develop with the lawyer who previously represented your client or with the lawyer who finished the case for your client
Fee dispute with client;
A client's dispute of a lawyer's fee becomes particularly troublesome when the Superior Court is called upon to intervene. Statistics reveal a common trend for clients sued by their former lawyer for unpaid fees: they frequently assert a counterclaim for professional negligence. When a fee dispute escalates in that manner, it can expose a lawyer to scrutiny from disciplinary authorities.
Fee disputes are best viewed objectively as a business issue to be solved rather than as a moral crusade. Such disputes are commonly and cost-effectively resolved using fee arbitration or mediation with the formal programs administered by the Connecticut Bar Association.
Many fee disputes can be avoided with a clear and meaningful engagement letter/agreement. The Ethics and Professional Responsibility attorneys at Sandak Hennessey & Greco help lawyers and law firms develop a comprehensive and effective approach to setting client service expectations (starting as early as the engagement agreement) to pre-empt most fee disputes, and to assist if a fee-based claim occurs.
