The letter to your attorney should be polite and professional. The letter should let your attorney know what your "questions" or "concerns" are. Examples of this would be: "I would like to know...", "I don't understand...", "Please explain...", "When do you anticipate...", "I have questions about my case"; (then list your questions).
We find that written communication is very effective in resolving matters for a variety of reasons: it allows you to express all of your concerns completely, without interruption or distraction; it prevents many misunderstandings as to what is being requested or promised; and it provides documentation, so that you can follow up if needed.
If your attorney does not respond to your letter within 10 days or does not respond completely, please contact the Consumer Assistance Program (CAP) if you would like us to follow up with a letter of concern to your attorney. Most likely we will ask you to fax or email a copy of your letter to the attention of the Consumer Assistance Program for review. Most attorneys respond after receiving our letter, but occasionally, a "second request" is needed.
Some fee disputes may be the result of an overcharge by the attorney. Others, however, result from a lack of understanding by the client of the basis for the fee and the factors that go into the charge made by a lawyer for services. The lawyer may be at fault because of a failure to make the client aware of what is involved. Clients are often reluctant or embarrassed to discuss fees with their lawyers. They should not be.
Where the parties are not able to reach an understanding and there is a controversy over fees, the matters, like any other dispute over the value of services, may be resolved by court action.
As an alternative action, the Nashville, Memphis, Knoxville, Chattanooga, Bristol, Kingsport, Montgomery County and Washington County Bar Associations have Fee Dispute Committees which are prepared to consider complaints concerning alleged excessive fees and have established procedures which frequently lead to a resolution of the dispute. The complaints in these cases should be submitted directly to the appropriate bar association.
If you feel your attorney has overcharged you for services, we encourage you to review the fee agreement (if one was signed) and check to see if the fee was a flat fee or non-refundable. If not, ask your attorney for an itemized bill to see what work was done. You may also request a copy of your file. If the charges seem to be for unnecessary work or work that was not done, then you should write or meet with your lawyer to work out the fee dispute. If you're still unable to work out the matter with your attorney, you may contact your local fee dispute committee. A list of fee dispute committees is provided below.
Fee Dispute Mediation is a not a service that all Bar Associations provide, and varies from county to county. Many counties do not offer fee mediation. In such a case, you may wish to seek legal advice as to your options for filing suit for breach of contract for services not rendered.
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Bristol Tennessee Bar Association Chattanooga Bar Association Washington County Fee Dispute Committee Kingsport Bar Association Fee Dispute Resolution Committee Knoxville Bar Association Memphis Bar Association Nashville Bar Association Kingsport Bar Association Fee Dispute Resolution Committee Montgomery County Bar Association Fee Dispute Process Memphis Bar Association Nashville Bar Association Kingsport Bar Association Fee Dispute Resolution Committee Montgomery County Bar Association Fee Dispute Process |