Attorneys in New York who represent clients in most civil matters must give clients notice of their right to arbitrate before commencing an action in court for fees. The notice and accompanying materials must be sent by certified mail or by personal service (137.6(a)(1)).
在纽约，代表客户处理大多数民事事务的律师必须在向法庭提起诉讼并收取费用之前告知客户其仲裁权利。通知及随附材料必须通过挂号信或专人送达方式发送 (137.6(a)(1))。

Once an attorney has served the client with the necessary materials to file for fee arbitration, the client has 30 days to file to use the FDRP. The 30 days start from the day the client received or was served with the notice. If the client does not file for fee arbitration within that timeframe, the attorney may go to court and sue for fees.
一旦律师向客户提供了申请费用仲裁所需的材料，客户就有 30 天的时间申请使用 FDRP。 30 天从客户收到或送达通知之日起计算。如果客户未在该期限内提出费用仲裁，律师可以向法院起诉并收取费用。

Clients can also file for fee arbitration on their own by downloading the forms from the local program page, filling them out and sending them in to the local program with any applicable fee.
客户还可以通过从本地计划页面下载表格、填写表格并将其连同任何适用费用一起发送到本地计划，自行申请费用仲裁。

Potential future fee disputes
未来潜在的费用纠纷

The attorney and client can also agree ahead of time to resolve potential fee disputes that may happen between them in the future. The following sections explain this in more detail:
律师和委托人还可以提前达成协议，以解决未来可能发生的潜在费用纠纷。以下部分更详细地解释了这一点：

• Prior Written Agreements Between the Attorney and Client under Section 137.2
  律师与委托人根据第 137.2 条事先签订的书面协议
• Helpful Consent Language to Incorporate into Retainer Agreements
  将有用的同意语言纳入保留协议
• Client Fee Dispute Chart: Steps to follow if there is a fee dispute
  客户费用争议表：出现费用争议时应遵循的步骤

What to expect once you’ve filed for fee arbitration
提出费用仲裁后会发生什么

Starting the process 启动流程

Assuming there is no prior written agreement to use the FDRP [link to (link to attorneys/ Prior Written Agreements Between the Attorney and Client under Section 137.2)], the process officially starts once the client files the Client Request for Fee Arbitration form with the local program (and pays the administrative fee if there is one). The local program administrator will then forward a copy of the request to the attorney, who then has 15 days to complete an Attorney Response to Request for Fee Arbitration form (UCS 137-5a) and returns it to the local program, with a copy to the client.
假设没有使用 FDRP 的事先书面协议[链接至（链接至律师/律师与客户之间根据第 137.2 条签订的事先书面协议）]，一旦客户向律师事务所提交客户费用仲裁申请表，该流程就正式开始。当地计划（如果有，则支付管理费）。然后，当地计划管理员会将请求副本转发给律师，律师随后有 15 天的时间填写律师对费用仲裁请求的答复表 (UCS 137-5a)，并将其返回给当地计划，并附上一份副本至客户端。

Unless the fee dispute is rejected by the local program for jurisdictional reasons, parties will be given 15 days advance notice of the time and place of the arbitration hearing and the identity of the arbitrator(s).
除非当地程序因管辖权原因拒绝费用争议，否则各方将提前 15 天收到仲裁听证会的时间和地点以及仲裁员身份的通知。

Settlement 沉降

Parties are free, and encouraged, to settle their disputes before the arbitration. Before the arbitration hearing, someone from the local program may contact the parties to settle the dispute.
我们鼓励各方在仲裁前自由解决争议。在仲裁听证会之前，当地项目的人员可以联系当事人解决争议。

When parties settle the fee dispute during the arbitration hearing, or before the hearing but after the administrator has sent all evidence and prepared testimony to the arbitrator or mediator, the parties should use the stipulation of settlement form with the allocution converting the stipulation to an arbitration award form and submit it to the arbitrator. The arbitrator may then convert the settlement to an award. Once this is done, the administrator will close the case.
当当事人在仲裁听证期间解决费用争议时，或在听证会之前但在管理人向仲裁员或调解员发送所有证据和准备好的证词之后，当事人应使用和解表的约定并将该约定转换为仲裁裁决表并提交给仲裁员。然后，仲裁员可以将和解协议转化为裁决。完成此操作后，管理员将关闭案例。

Mediation 调解

Also, some local programs may offer mediation services and parties may be asked whether they want to participate in mediation. Mediation is voluntary for both sides. If one side does not want to mediate, or the attempt at mediation is unsuccessful, the next step in the process is the arbitration hearing.
此外，一些当地计划可能会提供调解服务，并且可能会询问当事人是否愿意参与调解。调解是双方自愿的。如果一方不愿调解，或者调解尝试不成功，则下一步是仲裁听证会。

Assigning the arbitrator 指定仲裁员

The administrator will assign the case to either a solo arbitrator if the amount in dispute is less than $10,000 or to a panel of three arbitrators if the amount in dispute is $10,000 or more.
如果争议金额低于 10,000 美元，管理人会将案件分配给一名独任仲裁员；如果争议金额为 10,000 美元或以上，管理人会将案件分配给由三名仲裁员组成的小组。

Parties can also agree not to use a panel by signing a consent.
各方还可以通过签署同意书同意不使用专家组。

The panel of arbitrators will include an attorney who chairs the panel (acts as the lead arbitrator) and at least one arbitrator who is not an attorney. The third arbitrator can either be an attorney or a non-attorney.
仲裁员小组将包括一名担任小组主席的律师（担任首席仲裁员）和至少一名非律师仲裁员。第三名仲裁员可以是律师，也可以是非律师。

Parties do not choose their own arbitrators; they are assigned by the administrator based on arbitrator availability and subject-matter knowledge where appropriate.
当事人不选择自己的仲裁员；它们由管理员根据仲裁员的可用性和适当的主题知识进行分配。

Personal appearance at the arbitration
亲自出席仲裁

Most hearings are now being held remotely, usually on a platform like Teams or Zoom.
现在，大多数听证会都是远程举行，通常是在 Teams 或 Zoom 等平台上进行。

Any party may also appear by submitting testimony and evidence under penalty of perjury (137.6(i)) - also known as "appearing on paper".
任何一方也可以通过提交证词和证据的方式出庭，否则将受伪证处罚 (137.6(i))——也称为“书面出庭”。

The length of the process varies by program, but the average length of a case is about 27 weeks from the date the fee dispute was filed to the date the award is mailed to the parties. The FDRP annual reports (link to about us/ FDRP annual reports) show about how long each individual program takes to close a case.
该流程的长度因项目而异，但从提出费用争议之日到裁决书邮寄给当事人之日，案件的平均长度约为 27 周。 FDRP 年度报告（链接至关于我们/FDRP 年度报告）显示每个单独计划结案所需的时间。

Procedure at the arbitration
仲裁程序

• Both parties have the right to present evidence and call witnesses.
  双方均有权出示证据并传唤证人。
• The attorney will present to the arbitrators first. The burden of proof is on the attorney to prove the reasonableness of the disputed fee by a preponderance of the evidence (usually described as more likely than not, even if by a small amount). There is no burden on client to prove that fee was unreasonable. The attorney must present documentation of the work performed and the billing history. 
  律师将首先向仲裁员陈述。律师有责任通过大量证据（通常被描述为更有可能，即使证据量很小）来证明争议费用的合理性。客户无需证明该费用不合理。律师必须出示所执行工作的文件和账单历史记录。
• The client may then question the attorney on attorney’s presentation.
• Then the client may present to the arbitrator.
• The attorney can then question client on client’s presentation.
• Throughout the hearing, the arbitrator(s) may ask questions of the parties and of witnesses, if any.
• Attorney makes closing remarks.
• Client makes closing remarks.
• If witnesses are called, both parties have the right to question the witnesses at the hearing. Arbitration is less formal than court, so parties do not necessarily need lawyers to help prepare for and/or represent them at the hearing. However, parties may, of course, appear with an attorney at their own expense.

The death of an attorney before client could seek a refund of paid fees

Once an administrator or executor has been appointed a claim may filed against the estate. If no executor or administrator has been appointed, contact the Surrogate's Court in the county where the attorney lived about filing a creditor's petition to have someone appointed. If legal assistance is needed in preparing and filing a creditor's petition, parties may contact an attorney.

Surrogate's Courts in NYC | Surrogate's Court outside NYC

What to expect once the fee arbitration is over

The arbitration hearing will result in a decision (the arbitration award) issued by the arbitrator(s) within 30 days of the hearing. The arbitration award will be final and binding on both the attorney and the client, unless either party seeks a trial de novo within 30 days.

Confirming the award: In most instances, the person who "lost" will pay because arbitration awards are binding if neither party commences a trial de novo. However, if a party who is required to pay does not do so, the "winner" must confirm the arbitration award in the appropriate court, within one year after the date of delivery of the award. The award is then entered as a judgment which makes the award enforceable through the court. Confirmation of arbitration awards is governed by CPLR 7510.

Trial de novo: If a party is not satisfied with the arbitrator’s decision, that party may reject the award and commence a trial de novo. This is done by filing a court action within 30 days after the award has been mailed. The arbitration award is not used as evidence in the court case. A trial de novo is not an appeal and parties do not have to argue that the arbitrator was right or wrong. By starting the new action, the award is essentially erased, and the parties start over.

Jurisdiction of the courts and the trial de novo

The Supreme Court, a statewide court, has unlimited jurisdiction (e.g. any amount) but generally hears cases outside the authority of the lower courts such as civil matters beyond the monetary limits of the lower courts’ jurisdiction.

Claims for more than $50,000 in New York City must be filed in Supreme Court.

Claims for more than $15,000, outside New York City, must also be filed in Supreme Court.

In New York City, claims for $10,000 or less may be filed in the Small Claims Court and claims for $50,000 or less may be filed in the New York City Civil Court.

Outside New York City, claims for $3,000 or less may be filed in the Town and Village Courts and claims for $15,000 or less may be filed in the City Court. If in Nassau County, and certain parts of Suffolk County, claims for $15,000 or less may be filed in the District Court.

The Town & Village Courts do not have jurisdiction to entertain declaratory judgment actions.

Requests to adjourn a Fee Dispute Arbitration or Mediation

The scheduling of and preparation for Fee Dispute Arbitrations and Mediations requires great effort and coordination on the part of the Local Program Administrators and the arbitrators and mediators, who prepare in advance of the hearing or session date. Therefore, adjournments are within the discretion of the arbitrator or mediator before whom the hearing or session is scheduled and are rarely granted.