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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 Montana's fee
arbitration system 8th in the nation and issued the state's system a C+
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.
Montana's lawyer-client fee arbitration system would have been ranked
higher, but the program has been severely backed up, experiencing delays of
several months. "Given that the most pervasive complaint about lawyers is
that their fees are too high for the work done, it's critical that Montana
have an efficient system in place for resolving these kinds of everyday
disputes between attorneys and clients," stated HALT Senior Counsel Suzanne
M. Blonder. "Unfortunately, the current system lacks the resources it
needs to meet the demands of Montana's client population."
Once the system addresses this delay, Montana will be a model for the
nation. If a client wishes to settle a fee dispute through arbitration,
the State Bar of Montana will hear evidence and issue a ruling even if the
attorney does not consent. If the attorney agrees in advance then the
parties will be bound by the arbitration decision, but if the attorney
refuses to participate, the decision is non-binding. At that point, the
losing party has 30 days to file a lawsuit or the decision becomes binding.
HALT gave the Montana bar high marks for its user-friendly online resources
about the fee arbitration program. The watchdog group also praised Montana
for being one of the few states that requires the input of non-lawyers in
deciding all fee disputes.
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 Montana officials will
reform the state's fee arbitration program because all Americans should be
able to challenge a lawyer's bill in an efficient forum," stated Blonder.
Information about the Fee Arbitration Report Card, including Montana'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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