Frequently Asked Questions: Fee Disputes

The State Bar's Mandatory Fee Arbitration Program is an informal, confidential, and lower-cost forum for resolving fee disputes between lawyers and their clients. This kind of arbitration is required for a lawyer if requested by a client. For more information or assistance, call the State Bar Mandatory Fee Arbitration Program at 415-538-2020

What factors are considered in fee arbitration?

Depending on the circumstances, the arbitrator will consider several factors in reaching a decision. These may include:

Whether there was a written fee agreement;
The value of the attorney’s services;
Whether the attorney spent an appropriate amount of time on your case;
Whether there are any billing errors; and
Whether any professional negligence or misconduct by the attorney affected the value of the services

The arbitrator will decide the matter based on written submissions and the evidence presented at the hearing. The award will be either binding or nonbinding, depending on what the two parties choose.