California operates a fee arbitration programme for disputes between attorneys and clients about fees and costs. It is voluntary for the client and mandatory for the attorney if the client requests it — an unusual and genuinely useful asymmetry.
This explains when the route makes sense, what it costs, roughly how long it takes, and includes a letter template for raising the dispute in a way that keeps the option open.
What is inside
- What the programme covers and what it does not
- Timing: when the right arises and when it can be lost
- Binding versus non-binding arbitration and how to choose
- What it costs and who runs it locally
- A letter template for raising the dispute with the firm first
- What to prepare: billing records, the retainer, the settlement statement
How to use it
Raise it with the firm first
A large share of fee disputes resolve at the letter stage, and it costs nothing to try.
Ask for the itemised accounting
You are entitled to know exactly what was charged and why. Ask in writing.
Watch the timing
The right to arbitrate can be lost by delay or by certain steps in litigation.