Fee Dispute Resolution Complaint Form (online)
Fee Dispute Resolution Process
If a Complaint Arises About Lawyer Fees
The Fee Dispute Resolution Panel (FDRP) is comprised of volunteers appointed by the president of the Kansas Bar Association. The goal is to have at least two members from each judicial district within the state. These lawyers have been trained in various procedures used in resolving fee disputes, and are assigned cases by the chair of the FDRP.
The procedure, which has been established, is the following:
- The involvement of the FDRP may be initiated in several ways. Any attorney or client may contact the FDRP chair directly and request the appropriate forms (fill out the form online or request forms here). If the Office of the Disciplinary Administrator receives a complaint, which appears to be a fee dispute, then typically the complainant is referred to the chair of the FDRP. Likewise, when the KBA is contacted regarding a disagreement over attorney’s fees, then the matter is referred to the FDRP.
- The KBA obtains basic information concerning the parties who are involved and their respective locations. He/she will then send a fee dispute complaint form to the complainant. When the FDRP chair receives the completed complaint form, he/she will send a copy of the completed form to the other party requesting consent to the process and a written response to the complaint. When the chair receives written consent to the mediation and/or arbitration process, and a response to the complaint, he/she will contact a member of the Panel in the geographical area where the dispute arose and request that the mediation and/or arbitration process be commenced. The Panel member is then responsible for contacting the parties and may:
- Attempt conciliation through a telephone conference; Schedule a mediation session; or schedule an arbitration session If the dispute is not resolved through mediation, the parties may agree to submit the dispute to arbitration before a Panel composed of three FDRP Panel members. The parties may agree to binding or non-binding arbitration. If the parties are unwilling to utilize arbitration, then the Panel’s involvement terminates and the parties are at liberty to pursue whatever remedies they choose.
- The parties may agree to forgo mediation and submit the dispute directly to arbitration if they wish.
- The mediation or arbitration panel chair shall report the completion of the mediation or arbitration to the FDRP and whether an agreement was reached. This process is provided for Kansas attorneys and their clients without cost in an attempt to resolve disputes between attorneys and clients in a prompt, efficient, and private manner. The Wichita and Johnson Country bar associations have successfully used similar procedures for years.
For more information, or to refer a fee dispute to the FDRP, please contact us here.