Fee disputes Fee matters are not ordinarily a basis for discipline for a lawyer because they usually do not involve questions of ethics or professional misconduct. However, in some cases they do involve professional misconduct, such as where the fee charged is either illegal or clearly excessive. In those cases where the attorney is found to have acted unethically, discipline will follow. Most fee disputes 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 the lawyer for his or her services. The lawyer is often at fault for failing to make the client aware of what is involved.
Clients are often reluctant or embarrassed to discuss fees with their lawyer.
They should not be. Situations in which the parties are not able to reach an understanding and in which there is a controversy over fees, like other disputes over the value of services rendered, may be resolved by court action. The Disciplinary Board does not have the authority to compel arbitration of a fee dispute. However, the State Bar does have a fee arbitration board. If both you and your attorney agree to submit the matter to arbitration and to be bound by the result, the dispute can be resolved quickly.