Because the proceedings are confidential, no issues of public disclosure need dissuade lawyers from claiming their fees. Fee arbitration also relieves the courts of the burden of resolving such matters, provides a more appropriate vehicle for resolving client discontent as to fee matters than currently exists in the disciplinary forums, and positively addresses a cause of public dissatisfaction with the profession. 2 Three-member panels consist of one lay person, one lawyer and a third person selected from the full pool of arbitrators. The panel is chaired by a lawyer. 3 Rules of evidence need not be observed and a transcript is optional.
Testimony is under oath.
Subpoenas may be issued. The attorney has the burden of proving the reasonableness of the fee by a preponderance of the evidence. The Report did not address, but attention may also be necessary to the interplay between, the fee arbitration process and the mechanisms for fixing retaining liens in on-going litigation matters.