INFORMATION SHEET ON THE FEE ARBITRATION SERVICE The

INFORMATION SHEET ON THE FEE ARBITRATION SERVICE

The Attorney/Client Arbitration Board of the District of Columbia Bar provides an

informal arbitration service, for a non-refundable filing fee, for resolution of fee disputes

between members of this Bar and their clients. Either the client or the lawyer may request

arbitration. If a client requests arbitration, the lawyer must participate. If a lawyer requests

arbitration, the client, under certain circumstances, may elect to participate.

This service is an informal, quick and efficient means of resolving fee disputes.

Arbitration may be completed within six months of receipt of signed agreements to arbitrate

from both parties, while litigation of the same dispute might take a year or longer.

A copy of the rules of procedure will be sent to all parties who submit their disputes to

the ACAB for resolution. The rules of procedure governing arbitration conform to the District of

Columbia arbitration law.

Signing an agreement to arbitrate limits the client to arbitration before the ACAB as the

forum for resolving this dispute. Agreements to arbitrate may not be withdrawn after the other

party responds without the consent of both parties.

Awards of the ACAB hearing panels are binding on both parties to a dispute. Settlements

between the parties are encouraged and may be incorporated into the arbitration award.

There is no appeal process before the ACAB and only a limited right of appeal is

available to parties in the District of Columbia Superior Court under Title 16, Chapter 44, of the

District of Columbia Code. Under Sections 16-4422 and 16-4424 of the Code, the Court has the

authority, on prompt application, to confirm, vacate or modify an award only in certain stated

circumstances, such as obtaining the award by "corruption, fraud or other undue means."

An award may be enrolled as a judgment of a court that has authority over the parties.

For purposes of enforcement and collection, it becomes like any other judgment of the court.

If you wish to submit your dispute to arbitration, please fill in and sign the enclosed

request and agreement to arbitrate forms.

Return them, with a non-refundable check or money order for the filing fee, payable to

the D.C. Bar, to:

THE DISTRICT OF COLUMBIA BAR

ATTORNEY/CLIENT ARBITRATION BOARD

901 4

th

Street NW

Washington, D.C. 20001

Tel: (202) 780-2779

Fax: 1-866-550-9330

[email protected]

Instructions for Filing a Petition to Arbitrate a Fee Dispute through the Attorney/Client

Arbitration Board (ACAB)

In order for the Attorney/Client Arbitration Board (ACAB) to accept your petition to arbitrate a

legal fee dispute, the following information must be submitted. An incomplete petition will be

returned to you. A case is not considered opened by the ACAB until it has been assigned a

docket name and number.

1) Request for Arbitration form: Please provide all of the information requested. If you are

requesting arbitration, you are the petitioner. The party with whom you are requesting

arbitration is the respondent. Provide the other party’s address and phone number to the

best of your knowledge. You must indicate the dollar amount of relief you are seeking.

A range is not permitted. This figure established the most the arbitrator(s) may award in

affirmative relief. This figure is limited to fees paid, charged, or claimed for legal

services. This amount may include disbursements and related expenses. It may also

include interest.

2) Agreement to Arbitrate form: Please read both sides of this form carefully and provide

all of the information requested.

3) Statement of Claim: You must provide a statement explaining the basis of your claim.

Your statement should include information about when you hired the lawyer or were

retained for the matter which gave rise to this dispute; where you hired the lawyer or

where your office is located when you were retained; and whether the legal services

provided (or were to include) representation before a District of Columbia court or

District of Columbia government agency. The statement should also include the date, or

time period when you began to dispute the fees charged by the lawyer or when you first

demanded payment from a client of an unpaid legal fee. You must also disclose if this

dispute has been filed with or decided by another dispute-resolving body, such as a court

or other adjudicatory entity.

You must submit a copy of the retainer agreement between the lawyer and the client (if you had

one), copies of invoices for legal services or receipts for payments of legal fees, and any

correspondence between the parties involved in this fee dispute about the legal fees in dispute. If

you do not have copies of this material, please submit anything you do have to support that the

amount you seek in relief is related to fees paid, charged or claimed for legal services.

Page 2 of 2

4) Non-refundable filing fee: The non-refundable filing fee is based on the amount of legal

fees in dispute. Please refer to the filing fee schedule included in the packet of material.

The ACAB accepts checks or money orders made payable to the “Attorney/Client

Arbitration Board.” The ACAB does not accept cash or credit cards. If you wish to seek

a waiver of the filing fee based on indigence, you must complete and submit the

Confidential Financial Statement provided in the packet of material. This form will be

kept confidential by the ACAB office.

You must submit an original and two additional copies (three sets total) of all of the

material included in your petition to arbitrate to: District of Columbia Bar,

Attorney/Client Arbitration Board, 901 4

th

Street NW, Washington, DC 20001. You should

retain a copy of this material for your own records. Please do not submit originals of your fee

agreements or other supporting material. DC Bar staff is not available to make copies of your

material.

Before you file your petition to arbitrate, it is important that you carefully read the enclosed

Information Sheet and Rules of Procedure for the ACAB. If you have questions about this

material, you may call (202) 780-2779. Staff can answer your questions about the ACAB rules

and procedures. However, staff cannot give you legal advice, refer you to a lawyer, advise on

whether you have a “good” case, or whether you should request arbitration. The decision about

whether to arbitrate a legal fee dispute through the ACAB is one that only you can make.

Rev. (2/2018)

FEE ARBITRATION SERVICE

Request for Arbitration

Petitioner's Name(s):

Address:

City, State, Zip Code:

Home Phone: Business Phone:

FAX (if available): E-Mail Address:

(I/We prefer to be contacted at the Home ☐ / Business ☐ Phone)

Respondent's Name(s):

Address:

City, State, Zip Code:

Home Phone: Business Phone:

FAX (if available): E-Mail Address:

I seek relief in the amount of $____________________. I have attached a statement

explaining the basis of my claim.

I have enclosed my nonrefundable filing fee in the amount of $____________.

(Please see attached filing fee schedule. Make check or money order payable to the D.C.

Bar. Do not send cash.) To request a waiver of the filing fee based upon indigency please

contact the ACAB for a Confidential Financial Statement.

☐Check here if you request an accommodation for a disability. Those who request

an accommodation will be contacted by Attorney/Client Arbitration Board staff

concerning the request. (See item #10 on the Agreement to Arbitrate form for the D.C.

Bar Accessibility and Disability policy).

____________________________________ ______________________________

Signature Date

AGREEMENT TO ARBITRATE

1. I hereby agree to arbitrate, under the rules of the Attorney/Client Arbitration Board of the District of

Columbia Bar and applicable District of Columbia law, the following:

A fee dispute between:

Petitioner(s) __________________________________________________________

and

Respondent(s) __________________________________________________________

2. I agree that the arbitrators will be selected according to Attorney/Client Arbitration Board Fee

Arbitration Service Rules of Procedure.

If the monetary amount at issue is $10,000 or less, a single arbitrator will be assigned

to the dispute. If a dispute is $10,001 or more, a panel of three arbitrators will be

assigned to the dispute unless both parties agree to a single arbitrator.

☐ Check here if you agree to have your case heard by a single arbitrator.

3. I will comply with this agreement and the rules of procedure.

4. I have considered carefully the other options I may have to resolve this dispute before signing this

agreement to arbitrate.

5. The respondent has the right to claim that the petitioner owes the respondent money relating to this

dispute. The arbitrator(s) will consider evidence presented that concerns the respondent's claim and

decide this issue when deciding the petitioner's claim against the respondent.

6. I have read the Important Notice printed on the reverse side of this agreement and I understand that

this agreement limits the parties to arbitration before the ACAB as the forum to resolve this dispute.

7. I understand that an award of the arbitration panel is binding on both parties.

8. I understand that there is no appeal of the award before the ACAB and that there is only a limited right

of appeal in the District of Columbia Superior Court.

9. I understand that a judgment of a court that has jurisdiction over the parties may be entered for

enforcement of the award.

10. It is the intent of the D.C. Bar to provide accessibility to services, programs and activities offered by

the D.C. Bar to any qualified applicant, member, or participant with a disability, upon reasonable notice

and without requiring action which would result in a fundamental alteration in the nature of the service,

program or activity or in undue financial or administrative burden. I understand that I may contact the

ACAB at (202) 780-2772, to request an accommodation for a disability and that if I request an

accommodation on the “Request to Arbitrate” form, I will be contacted by ACAB staff.

________________________________________ _____________________________

Signature Date

Page 1 of 2

IMPORTANT NOTICE FOR CLIENTS

The District of Columbia Bar handles arbitration of fee disputes between members of its Bar

and their clients. We encourage you to explore all options available to you in resolving your

fee dispute. You may be able to bring a lawsuit to resolve your dispute. But you should be

aware that there are time limits within which lawsuits must be filed.

You should make certain that arbitration before the arbitrators of the Attorney/Client

Arbitration Board (ACAB) is the method you want to resolve this dispute before you sign

the

Agreement to Arbitrate. Once you have signed the agreement to arbitrate, you may be

required

to arbitrate this dispute unless the other party agrees that the ACAB should not hear

the dispute.

At the time the attorney agrees to arbitrate the dispute, the attorney may also make a

counterclaim against you for any amount of money related to this dispute. You have the

right to present evidence to defend against this claim, the arbitrators will consider the

counterclaim and may find that you owe the attorney all or part of this claim. You may not

withdraw your

agreement to arbitrate because the attorney makes a counterclaim against

you.

Arbitration awards by the arbitrators of the ACAB are final and binding. While there is no

provision for appeal of an arbitration award under the rules of procedure of the ACAB, a

limited right of appeal is available to parties in the District of Columbia Superior Court

under Title 16, Chapter 44, of the District of Columbia Code. Under Sections 16-4422 and

16-4424 of

the Code, the Court may, upon application of a party, confirm, vacate or modify

an arbitration award, but only under certain circumstances that are stated in the Code.

If the attorney refuses to abide by the ACAB award, you may have to make an appearance in

the District of Columbia Superior Court to enforce the award.

The decision on how to proceed is one that only you can make.

Page 2 of 2

Statement of Claim

You must provide a written statement explaining the basis of your claim for arbitration. Your

statement should include:

▪ Information about when the attorney-client relationship began,

▪ The reason for the representation,

▪ Whether the legal services provided included (or were to include) representation before a

District of Columbia court or District of Columbia government agency,

▪ Specificity about why you dispute these fees, and

▪ The date, or time-period when the dispute about the legal fees began.

You must also submit:

▪ A copy of the retainer agreement (if you have one),

▪ Copies of invoices detailing the legal fees charged or copies of receipts/checks of legal fees

paid, and

▪ Any correspondence between the client and the lawyer about the fee dispute that is the

subject of this arbitration.

The relief you seek must be limited to legal fees paid, charged or claimed for legal services. This may

also include disbursements, related expenses, and any interest incurred.

_________________________________________________________________________________

FILING FEE SCHEDULE

The following filing fee schedule is effective for all fee arbitration petitions filed with the

Attorney/Client Arbitration Board (ACAB). This filing fee schedule also applies to all

counterclaims filed in fee arbitrations pending before the (ACAB).

The non-refundable fee to file a petition, or to file a counterclaim seeking affirmative relief in a

fee dispute, is as follows:

Monetary amount sought in

relief

Filing fee

For claims up to $5,000

$25

Claims between $5,001 and

$49,999

$50

Claims between $50,000 and

$149,999

$100

Claims between $150,000 and

$499,999

$250

Claims between $500,000 and

$999,999

$500

Claims of $1,000,000 and

above

$1,000

Please make your check or money order payable to the Attorney/Client Arbitration Board. The

ACAB is currently unable to accept cash, credit cards, or other forms of payment.

CONFIDENTIAL FINANCIAL STATEMENT

You must complete and return this form to the Attorney/Client Arbitration Board (ACAB) if you are

seeking a waiver of the filing fee required to initiate a fee dispute or to file a counterclaim in a fee dispute.

The information provided in this form is confidential and will be used solely by the ACAB to determine

eligibility for waiver of the filing fee. This form must be filled out and signed by the person requesting

arbitration or the person named as the Respondent if used when filing a counterclaim in a fee dispute.

Name:______________________________________________________ Age:_______________

Address:_____________________________________________________________________________

_____________________________________________________________________________________

Telephone Number:________________________ Email Address:___________________________

Family/Household Composition:

________________ Adults ____________________ Children

Relationship of dependent(s), if any: _______________________________________________________

Income:

Employer:______________________________________________________________________

Salary $______________________ per _____________________________

Other Income* __________________________________________________________________

$______________________ per _____________________________

(*Include public benefits, child support, alimony, rental income, contributions from family members,

friends, housemates, or money from odd jobs.)

Expenses:

Rent/Mortgage $________________________________________ per month

Property Taxes $________________________________________ per month

Utilities $________________________________________ per month

Food $________________________________________ per month

Child Care $________________________________________ per month

Other $________________________________________ per month

I hereby affirm that the above information is true and complete, to the best of my knowledge and belief.

_____________________________________ ______________________________

(signature) (date)

Last Amended December 11, 2018

DISTRICT OF COLUMBIA BAR

ATTORNEY/CLIENT ARBITRATION BOARD

Fee Arbitration Service Rules of Procedure

Page 1 of 13

Approved by the D.C. Bar Board of Governors on 12/11/2018

THE DISTRICT OF COLUMBIA BAR

ATTORNEY/CLIENT ARBITRATION BOARD

FEE ARBITRATION SERVICE

RULES OF PROCEDURE

1. The Attorney/Client Arbitration Board (ACAB): The Attorney/Client Arbitration Board is

usually referred to by its initials, as the “ACAB.” The ACAB has 11 volunteer members: seven

are lawyers and four are non-lawyers. These 11 members are selected by the District of Columbia

Bar (the “D.C. Bar”) and serve three-year terms; none serves more than two consecutive terms.

The ACAB uses volunteer arbitrators, which it selects, and who serve three-year terms that may

be renewed at the discretion of the ACAB. These arbitrators are lawyers and non-lawyers who

have training and experience in arbitrating disputes. The ACAB uses either a single arbitrator

(“sole arbitrator”) or a three-member panel, depending upon the amount of money in dispute. The

ACAB Assistant Director, who is a lawyer and employee of the D.C. Bar, handles the day-to-day

operations of the ACAB.

2. The lawyer and the client: Disputes about legal fees arise out of the relationship between

lawyer and client. When the term “lawyer” is used in these rules, it includes both individual

lawyers and co-counsel or law firms, as the case may be. When the term “client” is used, it includes

an individual, group of people, corporation or other business entity, as the case may be. The term

“client” may be construed to include a party who is subrogated to the rights of a client. Where the

ACAB is satisfied that the interests of the client, protected by the District of Columbia Court of

Appeals Rule XIII, will not be harmed, “client” may also include a third-party payor who has a

legal responsibility for the payment of legal fees on behalf of a client.

3. Fee disputes arbitrated by the ACAB: The services of the ACAB are available to arbitrate

disputes about legal fees which meet five criteria:

(a) The dispute must be between a lawyer and a client.

(b) The dispute must be about a fee paid, charged or claimed for legal services. This

includes disbursements, related expenses, or pre-award interest.

(c) The lawyer must have been subject to the disciplinary jurisdiction of the District of

Columbia Court of Appeals when the legal services were provided to the client.

(d) The dispute must “arise” in the District of Columbia. A dispute arises in the District

of Columbia if:

Page 2 of 13

Approved by the D.C. Bar Board of Governors on 12/11/2018

(i) The client is a resident of the District of Columbia, OR

(ii) A substantial part or all of the legal services were provided in the District

of Columbia, OR

(iii) The services included representation before a District of Columbia court or

District of Columbia government agency, OR

(iv) The parties voluntarily agreed to arbitrate and part of the legal services were

provided in the District of Columbia and the lawyer maintains a law office

in the District of Columbia or its surrounding counties and cities

(Montgomery and Prince George’s in Maryland; Alexandria, Arlington, and

Fairfax in Virginia).

(e) The dispute must be brought to the ACAB within the statute of limitations for

contract disputes as defined by District of Columbia law (D.C. Code Sec. 12-301).

In general, a petition involving a fee dispute must be filed with the ACAB within

three years of the date the basis for the claim was known or should have been known

to the party making it.

4. Coordination with other dispute-resolving agencies: The ACAB has the discretion

to decide not to arbitrate a dispute over legal fees if such arbitration would interfere with

proceedings before other dispute-resolving bodies. For instance:

(a) If there is a pending lawsuit in a court about a fee dispute and the client files a

petition involving the same fee dispute with the ACAB or the lawyer files such a

petition accompanied by a valid agreement with the client to arbitrate fee disputes,

the ACAB will not retain jurisdiction nor will it proceed to adjudicate the fee

dispute unless the lawsuit is dismissed or stayed (pending resolution by the ACAB)

by the presiding judge in the lawsuit.

(b) The ACAB will not arbitrate disputes where entitlement to and the amount of fees

and/or costs charged by or paid to a lawyer by the client, or on a client’s behalf,

have previously been determined by a court order, rule or decision.

(c) The ACAB will not arbitrate disputes if the legal services underlying the fees and/or

costs at issue are alleged to constitute a crime.

(d) If the dispute involves a violation of the District of Columbia Rules of Professional

Conduct by the lawyer, the dispute may be handled first by the District of Columbia

Office of Disciplinary Counsel (“Disciplinary Counsel”). In such instance, the

ACAB will not arbitrate the dispute if it is shown that prejudice will occur if both

proceedings go forward simultaneously. Nothing in these rules of procedure

prevents a client from filing a complaint with Disciplinary Counsel.

Page 3 of 13

Approved by the D.C. Bar Board of Governors on 12/11/2018

5. Confidentiality: Proceedings before the ACAB are confidential, including but not

limited to all records, documents, and testimony received by the ACAB, subject to the following:

(a) The parties to an arbitration dispute are not required by the ACAB’s rules of

procedure to maintain confidentiality about any aspect of the proceeding unless

they both agree in writing or the arbitrator(s) issue a confidentiality order for good

cause shown at the request of a party after considering any objections by the other

party. These rules of procedure do not affect any confidentiality requirements

imposed on members of the D.C. Bar by the District of Columbia Rules of

Professional Conduct.

(b) An award is not confidential.

(c) A client or lawyer who participates in an ACAB proceeding may make available to

any other person any information or document that was in the possession of the

client or the lawyer before the beginning of any ACAB proceeding.

(d) An ACAB member or arbitrator will respond to a request for information or records

made by the Board on Professional Responsibility. No ACAB member or arbitrator

will initiate any communication with the Board on Professional Responsibility or

Disciplinary Counsel.

6. Filing a petition: A case before the ACAB is initiated by filing a petition. The

forms required to file a petition can be obtained from the ACAB office (see Appendix A for contact

information). A petition may be filed either by a lawyer or by a client. The party who files a

petition to arbitrate is referred to as the “Petitioner.” A petition may be returned to the filing party

if it lacks information to support that the ACAB has jurisdiction, the amount in dispute, or the

requisite forms. A case is not considered opened by the ACAB until it has been assigned a docket

name and number.

7. Fee: A filing fee is charged for the ACAB’s services and must be paid in full by

check or money order when a petition or counterclaim is filed. The amount of the fee is provided

in the fee schedule attached to these rules of procedure. The ACAB may waive the filing fee upon

a showing of indigency. Subject to the provisions of Rule 21(b) of these rules of procedure the

filing fee is not refundable.

8. Agreement to Arbitrate: After the petition is filed and after the petition has been

opened by the ACAB:

(a) If the petition is filed by a client, the lawyer is deemed to have agreed to arbitrate

and the arbitration will go forward unless the client withdraws the petition before

the lawyer responds to the petition. The ACAB will send the lawyer a copy of the

Page 4 of 13

Approved by the D.C. Bar Board of Governors on 12/11/2018

petition and a copy of these rules, and the arbitration process will begin. Petitions

to arbitrate filed by the client may not be withdrawn by the client after the lawyer

responds unless the lawyer and the client agree to do so in writing.

(b) If the petition is filed by a lawyer, the ACAB will send the client a copy of these

rules and an Agreement to Arbitrate form.

(i) If the client signs the Agreement to Arbitrate and returns it to the ACAB,

the arbitration process will begin. A signed Agreement to Arbitrate form is

binding and cannot be withdrawn by the client unless both the lawyer and

the client agree to do so in writing.

(ii) If the client refuses to sign the Agreement to Arbitrate, then the arbitration

process will not begin. The arbitration service offered by the ACAB to

clients is voluntary. If the client does not agree to arbitrate, the ACAB

cannot compel the client to do so.

(iii) The ACAB will enforce an attorney/client agreement to arbitrate a fee

dispute if the agreement: (1) is valid and enforceable, (2) is signed by all

parties to the dispute, and (3) encompasses fee disputes in the scope of

disputes to be arbitrated. Further, the client must have been adequately

informed of the scope and effect of a mandatory arbitration provision,

consistent with D.C. Bar Legal Ethics Committee Opinion 376 (copy

attached.) In this instance, the ACAB can compel a client to arbitrate a fee

dispute filed by a lawyer. Petitions to arbitrate filed by a lawyer may not

be withdrawn by the lawyer after the client responds unless the lawyer and

the client agree to do so in writing.

9. Responsive materials, requests to dismiss and counterclaims: The following governs

responsive materials, requests to dismiss and counterclaims:

(a) Responsive materials - The party against whom a petition is filed (the

“Respondent”) shall file any response to the petition with the ACAB within 20

calendar days of the date the petition is mailed by the ACAB to the Respondent.

(b) Requests to dismiss – If the Respondent believes that the dispute does not meet the

requirements of Rule 3 and should be dismissed, the Respondent must file a request

to dismiss, with supporting material, within 20 calendar days of the date the petition

was mailed by the ACAB to the Respondent. The ACAB Assistant Director will

determine whether the ACAB or arbitrator(s) assigned to the case should decide

any such request. If, at any time, the ACAB or arbitrator(s) assigned to the case

determine that the dispute does not satisfy the requirements of Rule 3, the petition

will be dismissed.

(c) Determinations about whether to dismiss a petition will be made by the ACAB

Assistant Director if the request is based upon a procedural issue and by the sole

Page 5 of 13

Approved by the D.C. Bar Board of Governors on 12/11/2018

arbitrator or the chairperson of a three-arbitrator panel (the “Chairperson”) if the

request is based upon a substantive issue.

(d) Counterclaims - If the Respondent has any claims against the Petitioner that involve

the same facts as the claim described in the petition, the Respondent may file a

counterclaim. Counterclaims must be filed with the ACAB within the 20-calendar

day limit for filing responses and must be accompanied by the filing fee (Rule 7).

A counterclaim should fully describe the basis on which the Respondent believes

(s)he is entitled to relief. The ACAB will provide a copy of the counterclaim to the

Petitioner promptly. The Petitioner must provide any reply to the counterclaim

within 20 calendar days of the date it is sent by the ACAB to the Petitioner.

(e) Extensions – To assure that responsive materials, requests to dismiss, counterclaims

and other submissions are accepted, parties should comply with the deadlines set

forth by the ACAB and in subparagraphs (a) – (d) above. As a matter of discretion,

the ACAB may allow materials filed after the 20-calendar day deadline on a case-

by-case basis. Determinations about requests for extensions will be made by the

ACAB Assistant Director unless arbitrator(s) have been assigned to the case. If

arbitrator(s) have been assigned, the decision will be made by the sole arbitrator or

the Chairperson.

10. Informal Settlement: The ACAB encourages informal settlement of disputes prior

to the arbitration hearing.

11. Voluntary mediation: The ACAB offers voluntary mediation as an option to parties

in a pending fee dispute. Mediation is voluntary for both the client and the lawyer. Both parties

must agree in writing to mediate before the ACAB will schedule a mediation session. Both parties

will receive information about the voluntary mediation program after a fee dispute has been opened

and docketed by the ACAB. If either party does not agree in writing to mediate, or if a settlement

is not reached at a mediation session, the ACAB will continue processing the case for arbitration.

12. Dismissal of petitions: The ACAB Assistant Director may dismiss a petition it has

accepted if it determines, after contacts with the lawyer and the client, that the dispute should be

decided elsewhere (as described in Rule 4), or no signed Agreement to Arbitrate can be obtained

from the client. When the petition is dismissed, the case is closed, and the ACAB sends a notice

to the lawyer and the client of this action. A dismissal by the ACAB does not affect other remedies

available to the client or the lawyer.

13. Assigning arbitrators: The ACAB will assign either one arbitrator or three

arbitrators to decide the dispute. Arbitrators are selected from the ACAB’s trained and

experienced volunteers.

Page 6 of 13

Approved by the D.C. Bar Board of Governors on 12/11/2018

(a) If the combined amount of the claim and any counterclaim is less than or equal to

$10,000, one arbitrator will be assigned to decide the dispute. The sole arbitrator

may be either a lawyer or a non-lawyer.

(b) If the combined amount of the claim and any counterclaim is greater than $10,000,

a panel of three arbitrators will be assigned to decide the dispute. The panel will

include at least one lawyer and at least one non-lawyer. A Chairperson will be

designated by the ACAB. The lawyer and the client may agree to a panel including

all lawyers or all non-lawyers or to have the dispute heard by a sole arbitrator.

(c) If requested by both the lawyer and the client, and if feasible, the ACAB will select

an arbitrator with particular expertise in the practice area of the underlying dispute.

14. Striking arbitrators: The ACAB will mail to the lawyer and the client a notice

identifying the arbitrator(s) who have been selected to decide the dispute and a short biographical

statement about each. Either the lawyer or the client may strike any arbitrator by sending a written

objection to the ACAB, within 10 calendar days of the date of the ACAB notice, stating any good

reason why the arbitrator who has been assigned should not decide the dispute. Otherwise all

objections to the arbitrator or arbitrators assigned by the ACAB are waived. Generally, the ACAB

will honor requests to remove an arbitrator if based on the arbitrator’s knowledge of or familiarity

with any party, witness, or facts of the dispute. Generally, a request for removal of an arbitrator

will not be granted if based solely on the party’s perception that the arbitrator lacks the professional

qualifications or expertise to serve.

15. Contacting arbitrators: The lawyer and the client may not contact the arbitrator(s)

regarding the dispute or award before or after the hearing. All written submissions about the

dispute must be sent directly to the ACAB office for distribution to the arbitrator(s). The lawyer

and the client may contact the ACAB staff about the case, whenever necessary.

16. Replacing arbitrators: If an arbitrator becomes unavailable after having been

assigned, but before the hearing, a new arbitrator will be selected and assigned to the matter. If an

arbitrator becomes unavailable before the hearing has begun but after the hearing has been

scheduled, both the lawyer and the client may consent in writing to proceed with the scheduled

hearing with two arbitrators without a new selection process. If an arbitrator becomes unavailable

after the beginning of the hearing but before the award, the arbitration will be stopped and the

selection process for all arbitrators will start again. The provisions of Rule 14 and Rule 15 apply

to replacing arbitrators.

17. Schedule and notice: The ACAB, in consultation with the parties and the sole

arbitrator or the Chairperson, will set a schedule for deciding the dispute and will send written

notice to the lawyer and the client.

Page 7 of 13

Approved by the D.C. Bar Board of Governors on 12/11/2018

(a) A hearing normally will be scheduled within 90 days of the notice of the selection

of the arbitrators. The lawyer and the client will have at least 20 days’ notice of the

initial hearing date.

(b) The lawyer and the client may submit written statements of their case together with

any relevant records or documents. Any written materials, hearing exhibits and a

list of witness, if any, should be submitted at least 10 calendar days prior to the

hearing. If written materials are submitted less than 10 calendar days prior to the

hearing date, it is within the discretion of the sole arbitrator or the Chairperson to

decide whether to accept such materials as evidence.

(c) The award of the arbitrators normally will be issued within 15 days after the close

of the hearing.

18. Extensions and postponements: The sole arbitrator or the Chairperson will decide

any requests for extensions of time or postponements. A request for a continuance may be denied

if it is made unreasonably close to the hearing. It shall be presumed that a request filed less than

72 hours prior to the hearing will be denied unless a compelling reason is shown. Requests by

parties for postponements of scheduled hearings must be submitted to the ACAB in writing.

19. Hearing: The lawyer and the client are entitled to a hearing at which they may

present evidence and cross-examine witnesses. The arbitrator(s) may schedule a preliminary

hearing to resolve any threshold or dispositive issues (e.g., jurisdiction, statute of limitations).

(a) The sole arbitrator or the Chairperson will give any notices required in connection

with the hearing, decide questions of procedure or scheduling, issue any necessary

subpoenas permitted by law, preside at the hearing, administer oaths, rule on the

admission and exclusion of evidence, and exercise any other powers of arbitrators

pursuant to District of Columbia law. The requesting party shall be responsible for

service of the subpoenas.

(b) There is no provision for formal discovery. The sole arbitrator or the Chairperson

may, within his or her discretion, grant a request for discovery based on the

relevancy and materiality of the request. Any request for discovery shall be

submitted at least 30 calendar days prior to a scheduled hearing.

(c) Anyone involved in a hearing, as lawyer, client, or witness, is entitled to be

represented by an attorney. It is the responsibility of anyone wishing to be

represented by an attorney to make the necessary arrangements in advance as the

hearing will not be delayed for someone who has failed to make the appropriate

arrangements. Counsel for parties should enter their appearance in writing to the

ACAB prior to a scheduled hearing.

Page 8 of 13

Approved by the D.C. Bar Board of Governors on 12/11/2018

(d) If both the lawyer and the client agree, the hearing may be waived and the

arguments of each may be submitted in writing, together with any supporting

documents, and the dispute may be decided on the basis of the written submissions.

Even if the hearing is waived, the arbitrators may require oral testimony from any

witness, and issue a notice to that effect to the lawyer and the client.

(e) The lawyer and the client are entitled to attend all hearings. Attendance at a

scheduled hearing is a waiver of any deficiency in the notice of the hearing.

Witnesses waiting to be heard may be excluded from the hearing until they testify.

(f) The lawyer shall have the burden of proving the reasonableness of the fee by a

preponderance of the evidence.

(g) The lawyer and the client are entitled to be heard at the hearing, either personally

or through an attorney or other advisor or representative.

(i) Opening statements outlining the case may be presented at the hearing. The

lawyer and the client will be provided equal time in which to make such

statements.

(ii) Evidence may be presented at the hearing by the testimony of witnesses and

in documentary form. The lawyer and the client will be afforded full and

equal opportunity for the presentation of any relevant evidence.

(iii) Questions may be asked by the lawyer and the client in cross-examination

at the hearing of any witness who testifies.

(iv) Questions may be asked by the arbitrators(s) of any party or witness who

testifies.

(v) Closing statements summarizing the case may be presented by the lawyer

and the client at the hearing after all the evidence has been received.

(h) All relevant evidence will be considered, within the discretion of the arbitrator(s).

Relevant evidence may include evidence relating to claims of alleged malpractice

or alleged negligence, but only to the extent that those claims bear upon the fees,

costs or related expenses to which the lawyer is entitled.

(i) Testimony will be given under oath.

(j) Hearings which cannot be completed on the first day will be continued, with due

regard to the circumstances of those involved in the hearing and the desirability of

a speedy determination. When all necessary statements and evidence have been

heard, the hearing will be closed.

Page 9 of 13

Approved by the D.C. Bar Board of Governors on 12/11/2018

(k) If either the lawyer or the client fails to appear at the hearing, the arbitrators may

hear and decide the dispute upon the evidence produced and, notwithstanding any

failure to appear, may enter a binding award. No decision may be based solely on

the absence of the lawyer or the client, but a decision may be rendered based on the

failure of a party to meet its burden of proof.

(l) At any time before the award is signed, the hearing may be reopened by a sole

arbitrator or a majority of a three-arbitrator panel, either at the request of the lawyer

or the client with a showing of good reason, or for reasons determined by the

arbitrators.

(m) Hearings are neither transcribed nor recorded by the ACAB. Requests by a party

to have the ACAB transcribe or record the hearing will be denied. The parties are

prohibited from transcribing or recording the hearing using their own or third-party

resources (note-taking by hearing participants is not prohibited, however).

20. Standards: Arbitrators use the following standards in deciding fee disputes:

(a) Fee arrangements between lawyer and client should be clear and unambiguous. It

is the responsibility of the lawyer to ensure this, and to explain to a new client, in

writing, before or within a reasonable time after the lawyer has been employed, the

scope of the lawyer’s representation, what the fee will be, how the fee will be

computed, what charges there may be in addition to the fee, and how and when the

client will be expected to pay.

(b) Unless there are unique aspects of the fee arrangement, the lawyer may utilize a

standardized letter, memorandum, or pamphlet explaining the lawyer’s fee

practices, and indicating those practices applicable to the specific representation.

Such publications would, for example, explain applicable hourly billing rates, if

billing on an hourly basis is contemplated, and indicate what charges (such as filing

costs, transcript costs, duplicating costs, long distance telephone costs) are imposed

in addition to hourly rate charges.

(c) A fee may be contingent on the outcome of the matter for which the service is

rendered, except in a criminal case where no contingent fee may be charged. A

contingent fee agreement shall be in writing and shall state:

(i) The method by which the fee is to be determined, including the percentage

or percentages that shall accrue to the lawyer in the event of settlement, trial

or appeal; and

(ii) Whether litigation and other expenses are to be deducted from the recovery,

and whether such expenses should be deducted before or after the

contingent fee is calculated.

Page 10 of 13

Approved by the D.C. Bar Board of Governors on 12/11/2018

(d) A lawyer may require advance payment of any fee but is obliged to return any

unearned portion.

(e) A lawyer shall keep a client reasonably informed about the status of a matter and

promptly comply with reasonable requests for information.

(f) When developments occur during the representation that renders an earlier estimate

substantially inaccurate, a revised estimate should be provided to the client.

(g) The client is entitled to a written bill, which includes:

(i) In an arrangement based on hourly rates, a statement of how the time on

which a lawyer’s fee is based was spent.

(ii) In an arrangement based on contingent fees, a statement stating the outcome

of the matter and, if there is a recovery, showing the remittance to the client

and the method of its determination.

(iii) In an arrangement in which fees or costs are allocated among clients, a

statement explaining to the client the basis for the allocation.

(h) A lawyer’s fee shall be reasonable. Factors to be considered in determining the

reasonableness of a fee include the following:

(i) The time and labor required, the novelty and difficulty of the questions

involved, and the skill required to perform the legal service properly;

(ii) The likelihood, if apparent to the client, that the acceptance of the particular

employment will preclude other employment by the lawyer;

(iii) The fee customarily charged in the District of Columbia for similar legal

services;

(iv) The amount involved and the result obtained;

(v) The time limitations imposed by the client or by the circumstances;

(vi) The nature and length of the professional relationship with the client;

(vii) The experience, reputation, and ability of the lawyer or lawyers performing

the services; and

(viii) Whether the fee is fixed or contingent.

Page 11 of 13

Approved by the D.C. Bar Board of Governors on 12/11/2018

(i) A lawyer’s charges for disbursements, costs and expenses shall be reasonable.

Factors to be considered in determining the reasonableness of charges other than

fees include the following:

(i) A lawyer may not charge a client for overhead expenses generally

associated with properly maintaining, staffing and equipping an office.

(ii) A lawyer may recoup expenses reasonably incurred in connection with the

client's matter for support services provided by the lawyer or the law firm,

such as photocopying, long distance telephone calls, computer research,

special deliveries, secretarial overtime, and other similar services, so long

as the charge reasonably reflects the lawyer's actual cost for the services

rendered.

(iii) A lawyer may not charge a client more than the actual disbursements for

services provided by third parties like court reporters, travel agents, or

expert witnesses.

(j) Statutory and common law principles applicable in the District of Columbia to fee

arrangements between lawyer and client may be used by the arbitrators.

21. Award: The decision with respect to the dispute will be set out in a written award

signed by the sole arbitrator or the majority of a three-arbitrator panel who concur with the award.

Any dissent may be signed separately. No opinion, setting out reasons, will be issued with the

award.

(a) The award will specify the amount, if any, to be paid to the person who filed the

petition and include a deadline for compliance with the award. The arbitrators may

grant any award they deem proper, but they have no authority to award an amount

in excess of the amount set out in the Agreement to Arbitrate, or any amendment

to the Agreement to Arbitrate made before the hearing.

(b) It is within the discretion of the arbitrators whether to grant pre-award interest. If

interest is awarded, the arbitrators shall consider any interest rate stated in the fee

agreement between the attorney and client and the pre-judgment interest rate

established under District of Columbia law.

(c) The award will specify whether the filing fee paid by the person who filed the

petition is to be reimbursed.

(d) If an informal settlement has been reached, that settlement may be set out in an

award as a consent decision.

Page 12 of 13

Approved by the D.C. Bar Board of Governors on 12/11/2018

(e) The sole arbitrator or the Chairperson will file the written award with the ACAB,

and the ACAB will send a copy to the lawyer and the client by mail.

(f) Once the award is signed and filed, the hearing may not be reopened except upon

the consent of the lawyer and the client.

(g) All documents submitted during the course of the arbitration proceedings will be

returned by the arbitrator(s) to the ACAB when the written award is filed with the

ACAB. Such documents may be claimed from the ACAB within 30 calendar days

after the entry of the award, by the person(s) who submitted them.

(h) The award may also incorporate any confidentiality agreement or order.

22. Death or incompetence: If either the lawyer or the client dies or becomes

incompetent prior to the close of the hearing, the hearing will be adjourned, and no award will be

made. If either the lawyer or the client dies or becomes incompetent after the close of the hearing

but prior to a decision, the decision rendered will be binding on the heirs, administrators, or

executors of the deceased and on the estate or guardian of the person who became incompetent.

23. Enforcement: Any award may be enforced by the Superior Court of the District of

Columbia and any other court having jurisdiction.

(a) If and to the extent that the award determines that the lawyer is not entitled to any

portion of the disputed fee, service of a copy of the award on the lawyer shall

terminate all claims and interest of the lawyer against the client with respect to the

disputed fee and shall terminate all rights of the lawyer to retain possession of any

records, documents, or property of the client pertaining to the disputed fee.

(b) If and to the extent that the award determines that the lawyer is entitled to any

portion of the disputed fee, payment of that amount by the client shall constitute a

complete satisfaction of all claims and interest of the client with respect to the

disputed fee and shall terminate all rights of the lawyer to retain possession of any

records, documents, or property of the client pertaining to the disputed fee.

(c) If and to the extent that the award determines that the lawyer must make a refund

of any portion of the disputed fee, payment of that amount to the client shall

constitute a complete satisfaction of all claims and interest of the client with respect

to the disputed fee and service of a copy of the award on the lawyer shall terminate

all rights of the lawyer to return possession of any records, documents or property

of the client with respect to the disputed fee.

24. Subsequent proceedings: No ACAB arbitrator, member, or staff person may be

subpoenaed as a witness in any parallel or subsequent proceeding about any dispute submitted to

Page 13 of 13

Approved by the D.C. Bar Board of Governors on 12/11/2018

the ACAB for arbitration. No records or documents of the ACAB may be subpoenaed for any

subsequent enforcement proceeding arising out of any dispute arbitrated by the ACAB. The award

issued in any ACAB arbitration is a public document; certified copies are available upon request.

25. Retention of records: The ACAB shall maintain all fee arbitration files for a

period of three years from the date a decision is issued. Thereafter, the ACAB may retain or

dispose of such documents at its sole discretion.

26. Accessibility and disability: It is the intent of the D.C. Bar to provide

accessibility to services, programs and activities offered by the D.C. Bar to any qualified applicant,

member, or participant with a disability, upon reasonable notice and without requiring action

which would result in a fundamental alteration in the nature of a service, program or activity or in

undue financial or administrative burden. To make arrangements for an accommodation, please

contact the ACAB.

27. Other information: Copies of the sections of the District of Columbia Code that

govern arbitration proceedings, the District of Columbia Rules of Professional Conduct and other

information about the ACAB arbitration process are available at the D.C. Bar. The District of

Columbia Rules of Professional Conduct and Legal Ethics Opinions may also be obtained from

the D.C. Bar’s Web site at www.dcbar.org/ethics