Download Full Text (785 KB)
Attorney-client fee arbitration is a subject of burgeoning interest to the bar and to scholars as well. Several years ago, I agreed to write an article on the substantive issues raised by fee arbitration as part of an analysis of New York's then newly adopted mandatory fee arbitration rule. Contacting other mandatory arbitration programs to request copies of the manuals they provided to fee arbitrators, I learned that no such manuals existed. Writing on a tabula rosa, I wrote an analysis of the substantive tasks in fee arbitration that could be adopted for use as part of a training manual for arbitrators tasked with determining whether a fee was excessive. This analysis extended well beyond the usual practice of courts simply repeating the general propositions set forth in ABA Model Rule 1.5. I described the product as a work-in-progress that would hopefully jump start a colloquy with respect to the substantive "reasonable fee" issues that I addressed. Alas, this did not occur.
Mandatory Fee Arbitration Under New York's Matrimonial Rules,
Cardozo Journal of Conflict Resolution
Available at: https://larc.cardozo.yu.edu/faculty-articles/16