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Contact: Rachel Decker, Media Coordinator, HALT
rdecker@halt.org or 202-887-8255
Washington, DC
Today the nation's first comprehensive study of the out-of-court
programs that resolve lawyer-client fee disputes ranked Kansas' fee
arbitration system 37th in the nation and issued the state's program a D-Minus
grade. To spur reform of these important but under-utilized forums, legal
consumer watchdog group HALT - An Organization of Americans for Legal Reform
released its 2007 Fee Arbitration Report Card, analyzing programs in all 50
states and D.C.
"The most pervasive complaint about lawyers is that their fees are too high
for the work done," stated HALT Senior Counsel Suzanne M. Blonder. "The
Kansas Bar Association has a program in place that's meant to resolve these
kinds of everyday disputes between clients and attorneys."
While HALT commended the bar's online resources about fee arbitration, the
watchdog group faulted Kansas' program for its anti-consumer policies.
Notably, state rules prohibit clients from publicly disclosing information
about their fee disputes with attorneys as well as any information about
the outcome of an arbitration hearing. In addition, the bar allows
attorneys to refuse a client's request to resolve a fee dispute through
arbitration.
The Bar Association also does not use any formal methods to enforce
arbitration awards against attorneys, whereas bar associations in other
states automatically suspend lawyers if they unreasonably delay compliance
with an arbitrator's decision. "Even the best fee arbitration system is
worthless if it does not provide clients with a mechanism for obtaining a
refund when a panel has found that a lawyer inflated a bill," explained
Blonder.
The top five states - D.C., Maine, New Jersey, New York and California - scored
no higher than a B average on the Report Card. Three states - New Hampshire,
Vermont and West Virginia - flunked. Another eight received Incompletes
because they do not offer statewide systems to settle lawyer-client fee
disputes.
"In an era of skyrocketing lawyer fees, we hope state officials will reform
the fee arbitration program so that more Kansans can take advantage of this
valuable service," stated Blonder.
Information about the Fee Arbitration Report Card, including Kansas' Report Card, can be found at www.halt.org. Founded in 1978, HALT - An Organization of Americans for Legal Reform is a nonpartisan, nonprofit public interest group that challenges the legal establishment to increase accountability and reduce costs in the civil justice system.
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