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The Fee Arbitration Process
Under Dayton Bar Association rules of arbitration, all fee disputes are subject to mandatory fee arbitration for any attorney whose client consents.
Upon receipt of a dispute, your letter is reviewed by the Bar Counsel and confirmation of receipt will be sent within 3-4 weeks. If the dispute is determined to have merit, forms will be sent regarding your allegation of fee dispute. You will have 21 days to fill out and return the forms to the Dayton Bar Association. The attorney will then be given 21 days to fill out the forms and return them to the DBA. Once both parties complete all paperwork, an arbitrator will be assigned. If the amount of the dispute is $3,000 or less, one arbitrator will be assigned. If the amount is more than $5,000, three arbitrators will be assigned by the chair of the Fee Arbitration Committee. The arbitrator will have 30 days to contact both parties and designate a location for the meeting. The arbitration must then be held within 30 days of that date. Once the arbitrator has met and interviewed both parties a decision will be made. In Montgomery County all decisions are binding.
Requesting a Fee Arbitration
If you feel you have a fee arbitration claim regarding an attorney practicing law in Montgomery County, you may file a complaint with the Dayton Bar Association. Your complaint must be made in writing and include your name, address and daytime phone number along with the name, address and phone number of the attorney. Also, include in your letter, a brief description of the nature of the dispute. If you have paperwork in support of your claim, please send copies of that paperwork with your claim. Original documents should never be sent, as the Dayton Bar Association cannot guarantee that the paperwork can be returned to you. Once the Dayton Bar Association reviews your complaint you should receive a status confirmation in writing within 3-4 weeks.
Complaints should be mailed to: