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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 North
Carolina's fee arbitration system 34th 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.
"Unfortunately, North Carolina is one of the few states in the country that
fails to offer a program for arbitrating those kinds of everyday fee
disputes."
HALT's Report Card found that the North Carolina bar only provides
resources for mediation, a process in which a trained facilitator does not
issue a ruling but tries to guide the parties toward a possible resolution.
Unlike arbitration, mediation is non-binding and is not an effective tool
when parties cannot agree. "If the client and lawyer cannot settle the
dispute themselves, they have no choice but to go to court, which can be
time-consuming and sometimes even cost-prohibitive for the average legal
consumer," explained Blonder.
North Carolina's fee dispute resolution program also received low marks for
its reliance on lawyers to help work through disputes between lawyers and
clients. Unlike most states, non-lawyers are not permitted to serve as
mediators. "Already frustrated with the legal profession, consumers often
tell us that they do not wish to utilize a fee dispute resolution program
that's managed and controlled entirely by lawyers," stated Blonder.
HALT's Report Card graded states in six categories: (1) whether lawyers
must participate in arbitration at a client's request; (2) the ease of
initiating arbitration; (3) the amount of publicity of the state's fee
arbitration system; (4) the program's reliance on non-lawyer arbitrators;
(5) whether non-binding mediation is offered as an alternative to
arbitration; and (6) how the system enforces arbitration awards.
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.
Information about the Fee Arbitration Report Card, including North Carloina'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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