The legal matter has concluded, but there is an outstanding bill for attorney’s fees. The client does not believe he/she should have to pay the full balance (or does not believe he/she can afford to do so), and the attorney does not want to have to resort to suing his/her client to collect the fee. The client, of course, does not want to be sued either. No one wants to hire attorneys and be caught up in expensive, time consuming and risky litigation. With litigation, the client risks losing and having have his/her assets or income confiscated to satisfy the bill that is likely accruing interest. Judgments impact everything from some professional licenses, the sale or purchase of real property, or the ability to obtain credit. The attorney risks a public loss that he/she may find embarrassing. Both parties risk being held responsible for the other party’s attorney’s fees and costs, if the matter is pursued as a contract action.
What is the solution? Attorneys and clients alike should consider mediating the dispute. Mediation is an avenue to explore peaceful, and sometimes creative, solutions. It is a way to allow the attorney and client to listen to each other. Sometimes a fee dispute is just based on a misunderstanding or mistake. Further, by providing a forum for each party to feel “heard,” it is less likely that either party will walk away with bad feelings. The opportunity for a continued working relationship is preserved. A well-trained mediator will skillfully navigate this sensitive topic and guide the parties toward resolution, which can be memorialized in a contract.
Of course, fee disputes with any professional or business can also be mediated. To learn more about mediating your fee dispute, please call Mediator Alona M. Gottfried at: 480-998-1500.
Alona M. Gottfried is a mediator and attorney in Arizona. If you have questions about mediation, she can be reached at: 480-998-1500 or alona@sglawaz.com. This is a general interest article only and is not intended to be legal advice. See a legal professional before making legal decisions.
Simmons & Gottfried, PLLC
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260