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Standard Written Instructions And Procedures To Clients For Resolution Of Fee Disputes Form. This is a New York form and can be use in Attorneys Statewide.
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Tags: Standard Written Instructions And Procedures To Clients For Resolution Of Fee Disputes, UCS 137-3, New York Statewide, Attorneys
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
Index No.
:
UCS 137-3 (5/02)
Plaintiff(s)
Calendar No.
:
JUDICIAL SUBPOENA
STANDARD WRITTEN INSTRUCTIONS AND PROCEDURES
-against:
TO CLIENTS FOR THE RESOLUTION OF FEE DISPUTES PURSUANT
:
:
TO PART 137 OF THE RULES OF THE CHIEF ADMINISTRATOR
Defendant(s)
:
. . . . . . . . Part 137. of . . . .Rules.of. the. Chief .Administrator. of . . Courts provides a procedure for the
. . . . . . . . . the . . . . . . . . . . . . . . . . . . . . . . . . . the
arbitration (and in some cases mediation) of fee disputes between attorneys and clients in civil
THE PEOPLE OF THE STATE OF NEW YORK
matters. Your attorney can provide you with a copy of Part 137 upon request or you can download
TO
a copy at www.courts.state.ny.us/feegov. Fee disputes may involve both fees that you have already
paid to your attorney and fees that your attorney claims are owed by you. If you elect to resolve your
GREETINGS:
dispute by arbitration, your attorney is required to participate. Furthermore, the arbitration will be
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
final and binding on both your attorney and you, unless either of you seeks a trial de novo within 30
located at
County of
indays, which means the
room
, on either of day of
, 20
,s
you reject the arbitrator’atdecisiono'clock in the
by commencing noon, and at any recessed
an action on the
or adjourned date, to testify and give evidence as a witness in this action on the part of the
merits of the fee dispute in a court of law within 30 days after the arbitrator’ decision has been
s
mailed.Yourdisputes which may not besubpoena is punishable as a contempt of court andPart 137.1 you liable to
Fee failure to comply with this resolved under this procedure are described in will make of
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
resultRules offailure Administrator of the Courts: representation in criminal matters; amounts in dispute
the of your Chief to comply.
Witness, of less than
one of consent; and claims
involving a sum Honorable $1000 or more than $50,000 unless the, parties the Justices of the
Court in
County,
day of
, 20
involving substantial legal questions, including professional malpractice or misconduct. Please consult
Part 137.1 for additional exclusions.
(Attorney must sign above and type name below)
Your attorney may not bring an action in court to obtain payment of a fee unless he or she
Attorney(s) for
first has provided written notice to you of your right to elect to resolve the dispute by arbitration
under Part 137. If your attorney provides you with this notice, he or she must provide you with a
Office and P.O. Address
copy of the written instructions and procedures of the approved local bar association-sponsored fee
dispute resolution program (“Local Program”) having jurisdiction over your dispute. Your attorney
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
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COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
must also provide you with the “Request for Fee Arbitration” form and advise that you must file the
:
JUDICIAL SUBPOENA
Plaintiff(s)
-againstRequest for Fee Arbitration with the local program within 30 :
days of the receipt of the notice. If you
:
do not file the Request within those 30 days, you will not be permitted to compel your attorney to
:
resolve the dispute by arbitration, and your attorney will be free to bring a lawsuit in court to seek
Defendant(s)
:
. .to. obtain.payment.of. the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . fee.
In order to elect to resolve a fee dispute by arbitration, you must file the attached “Request
THE PEOPLE OF THE STATE OF NEW YORK
for Fee Arbitration” with the approved local program. An updated list of local programs is available
TO
at www.courts.state.ny.us/feegov or by calling (212) 428-2862. Filing of the Request for Fee
Arbitration must be made with the appropriate local program for the county in which the majority of
GREETINGS:
legal services were performed. Once you file the Request for Fee Arbitration, the local program will
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
mail copy of the request to located at
your attorney, who must provide a response within 15 days of the
Countyaof
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
ormailing. You willtestify and give evidence as a witness in thisof the time and placethe the hearing and
adjourned date, to receive at least 15 days notice in writing action on the part of of
of the identity of the arbitrator(s). The arbitrator(s) decision will be issued no later than 30 days after
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the date of the hearing. You may represent yourself at the hearing, or you may appear with an
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
attorney if you wish.
Witness, Honorable
Court in
County,
, one of the Justices of the
Some local programs may offer mediation services in addition to arbitration. Mediation is a
day of
, 20
process by which those who have a fee dispute meet with the assistance of a trained mediator to
(Attorney must sign
clarify issues and explore options for a mutually acceptable resolution.above and type name below) the
Mediation provides
opportunity for your attorney and you to discuss your concerns without relinquishing control over
Attorney(s) for
the outcome and of achieving a result satisfactory to both of you. Participation in mediation is
voluntary for your attorney and you, and it does not waive any of your rights to arbitration under
Office and P.O. Address
these rules. If you wish to attempt to resolve your dispute through mediation, you may indicate your
Telephone No.:
Facsimile No.:
E-Mail Address:
More information, including an updated list of local programs, is available at:
Mobile Tel. No.:
wish on the Request for Fee Arbitration form.
http://www.courts.state.ny.us/feegov or by calling (212) 428-2862.
American LegalNet, Inc.
www.USCourtForms.com
