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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 Mississippi's
fee arbitration system 31st in the nation and issued the state's system a D
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.
"Mississippi has a program that's meant to help clients and lawyers resolve
everyday fee disputes, but unfortunately the state's rules allow lawyers to
reject a client's request to settle the conflict through arbitration -
forcing many clients to take their cases to court, which can be time-consuming
and costly."
The state received low marks for its reliance on lawyers to settle fee
disputes. Mississippi is one of the only states in the nation that
prohibits non-lawyers from serving on arbitration panels. "By refusing
input from non-lawyers, Mississippi adds to the public perception that fee
arbitration programs are of the lawyers, by the lawyers and for the
lawyers," explained Blonder.
HALT also faulted the Mississippi State Bar for failing to use formal
methods to enforce arbitration awards against attorneys; 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 Mississippi officials will
reform the state's fee arbitration program because all Americans should be
able to challenge a lawyer's bill in a low-cost, efficient forum," stated
Blonder.
Information about the Fee Arbitration Report Card, including Mississippi's 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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