The Commonwealth of Kentucky provides two processes for settling disputes among attorneys and clients. Descriptions of each of those processes and information about submitting a dispute along with relevant links are provided below. If you have further questions, please contact the Office of Bar Counsel at (502) 564-3795 ext. 723.
Legal Fee Arbitration is a voluntary process for settling a dispute between an attorney and client regarding the amount of fee due the attorney for particular legal services rendered. When the parties to the dispute have made a good faith effort to resolve it, they can choose to submit the dispute to binding arbitration. Legal Fee Arbitration is also available to attorneys when the dispute concerns the amount due each attorney for particular legal services rendered.
How Does Legal Fee Arbitration Work?
Below are the typical steps in the legal fee arbitration process.
- Complete and submit the following to the Kentucky Bar Association
- Reviewed by the Executive Director of the Kentucky Bar Association
- If the petition is not accepted, you will be informed of the decision, and process is complete
- If the petition is accepted, it will be sent to the other party to determine if they will agree to participate
- The other party has 20 days to agree to participate in binding arbitration
- If the other party does not agree, you will be informed, and the process is complete
- If the other party agrees, the Executive Director appoints an Arbitration Panel
- Makeup of the Arbitration Panel
- Fee disputes less than $10,000 -- one licensed attorney
- Fee disputes more than $10,000 -- two licensed attorneys and one non-lawyer member appointed by the Chief Circuit Judge of the county where you live
- The Panel holds a hearing during which both parties may provide testimony and witnesses
- An award is rendered within 30 days, and is enforceable under KRS 417.180
How Much Does it Cost?
No charge or fee is required of any party requesting or making use of the fee arbitration services provided by the Bar Association.
The members of the Panel are not compensated for their time.
How Does Legal Negligence Arbitration Work?
Below are the typical steps in the legal negligence arbitration process.
- Complete and submit the following to the Kentucky Bar Association
- Reviewed by the Executive Director of the Kentucky Bar Association
- If the petition is not accepted, you will be informed of the decision, and process is complete
- If the petition is accepted, it will be sent to the other party to determine if they will agree to participate
- The other party has 20 days to agree to participate in binding arbitration
- If the other party does not agree, you will be informed, and the process is complete
- If the other party agrees, the Executive Director appoints an Arbitration Panel
- Makeup of the Arbitration Panel
- Disputes between $1,500 & $10,000 -- one licensed attorney
- Disputes $10,000 & $50,000 -- three practicing attorneys
- The Panel holds a hearing during which both parties may provide testimony and witnesses
- An award is rendered within 30 days, and is enforceable under KRS 417.180
How Much Does it Cost?
No charge or fee is required of any party requesting or making use of the arbitration services provided by the Bar Association.
The members of the Panel are not compensated for their time.
Questions?
Contact the Office of Bar Counsel
(502) 564-3795, ext. 723