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Cases for the Standing Committee on the
Resolution of Fee
Disputes must be initiated
by the
client or former client of an attorney.
It is the purpose and function of the
Committee on the Resolution of Fee Disputes to encourage the amicable resolution of
disputes between attorneys and clients or former clients involving legal fees and costs paid, charged or
claimed, and to provide to clients or former clients a fair and efficient
method of determining such disputes through either mediation or binding
arbitration when such disputes cannot be amicably
resolved. These Rules shall become effective on September 15, 2008, for all
disputes submitted to the Committee
on or after that date.
The Committee shall have jurisdiction over
any dispute submitted by a client or former client concerning
a fee (and/or costs) paid, charged or claimed with respect to legal services
rendered by
an attorney licensed to
practice in the State of Maryland who rendered services to the client or former client in a Montgomery County court or
administrative proceeding, or who rendered services to the client or former
client from the attorney’s law office located in Montgomery County where the amount in controversy is
$1,000.00 or greater. Excluded
from the Committee's
jurisdiction are: (a) disputes where litigation concerning the fee dispute has
commenced and is pending between the parties, except where the complaint is
referred to the Committee by a court of competent jurisdiction as provided for in paragraph 8 or the parties
to a Court case agree to have the dispute heard by the Committee; (b) disputes
over which a court has, in the first instance, jurisdiction to determine the fee; (c) disputes involving
services which are alleged to constitute a violation of the Rules of Professional Conduct and for which a
complaint is pending, unresolved, before the Attorney Grievance Commission; and
(d) disputes wherein the Complainant seeks damages or a return of fees paid
based on allegations of legal malpractice, for which the statute of limitations
for same has not run. The latter subsection (d) is not intended to exclude or
prevent the Committee from exercising jurisdiction over, or having the
authority to grant, a request
for a refund of fee based on a claim that the fee is excessive. Where a Chair or any member of a Sub-Committee obtains knowledge
that a lawyer has committed a violation of the Rules of Professional Conduct
that raises a substantial question as to that lawyer's honesty, trustworthiness
or fitness as a lawyer in
other respects, the Chair or member, as the case may be, shall inform the
appropriate professional
authority, consistent with the Rules of Professional Conduct.
Rules For the Standing Committee on the Resolution of Fee Disputes
Waiver & Acknowledgement Form
(must be signed, dated & sent in with complaint letter)
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Co-Chairs
Stephen F. Allen
Karen Robbins
Meeting Dates
None Currently Scheduled
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