Page 22 - JulAug2019_BarJournal

COMMITTEE SPOTLIGHT

SPOTLIGHT ON:
DIVISION OF FEES, MEDIATION & ARBITRATION COMMITTEE
FIGHTING WITH

OURSELVES

HOW THE CMBA CAN HELP YOU RESOLVE FEE-SHARING DISPUTES

hen helping our clients, opportunity to brief the panel in writing prior The Committee also presides over
we lawyers like to plan to the arbitration and presented their arguments traditional co-counsel arrangements between
for every eventuality. before the panel in person as well. Following lawyers who have never been part of the
When it comes to our deliberation, we rendered our decision, which same firm. Sometimes, these relationships
Wown relationships with was then relayed to the parties. Rather than sour during the life of a case and, when a
co-counsels, including former firm members, engaging in extensive litigation, the parties case is settled, one party may no longer want
we sometimes fail to foresee how things could were able to resolve their dispute in a short to honor a fee-sharing arrangement. The
fall apart and plan for it. Even those of us who period of time for a reasonable fee. Those of Committee has been useful in deciding these
adhere to the adage to “get it in writing” know us on the Committee were fulfilled in knowing disputes, whether to determine enforcement
that agreements are open to interpretation that we had helped the parties swiftly resolve of a written agreement, or to provide a
and that there is always room for argument. their dispute, enabling them to move on with solution when the parties have never reduced
Disputes over the economics involved in law their respective practices. their intentions to writing.
practice are not uncommon — firms dissolve, Lawyers on the other side of the process Fee disputes are inevitable. When the
attorneys leave, co-counsel arrangements sour, praise the benefits of the system. A local situation arises, the CMBA and this Committee
and it isn’t always clear how fees generated attorney recently represented a law firm in a are here to help make the resolution process
after the fact should be divided. Litigation to mediation with the Committee and reached less painful, less costly, and more efficient
resolve these disputes is costly, lengthy, and out afterward to express how useful the so that you can get back to working for your
stressful, but there is another way. Enter the process was. His clients were two lawyers clients and doing what you do best.
CMBA’s Division of Fees Mediation and who left one law firm and took several
Arbitration Committee. cases with them to start a new law firm. The
When fee disputes arise between lawyers, mediation initially involved the resolution Abby Botnick is a Plaintiff’s attorney
this Committee mediates or arbitrates them of a fee dispute over one such case when it with Shapero | Roloff Co., L.P.A. and
pursuant to Rule 1.5 of the Rules of Professional settled after the lawyers had begun their new handles a wide variety of personal
Conduct. In addition, when both parties firm. However, with the mediator’s assistance, injury, medical malpractice, and
consent, the Committee can hear disputes the parties were able to discuss beyond that nursing home abuse and neglect
between discharged and successor counsel single case and establish a global resolution cases. She serves on the CMBA Division of Fees
regarding the proper allocation of contingent between the two firms for all such cases. In Mediation and Arbitration Committee and also
fees between them. This is an invaluable expressing his satisfaction, the representing the Bar Admissions Committee. She has been a
resource to our members, who can privately attorney said “[T]he parties were afforded CMBA member since 2005. She can be reached at
and cost-effectively resolve disagreements sufficient time to explore the facts of each abotnick@shaperoroloff.com.
while having their matter heard by Committee side’s position, and a resolution was achieved
members who have experience with mediation without costly, public litigation which would
and arbitration. have served no useful purpose and potentially GET ENGAGED!
I recently served as an arbitrator on a three- adversely impacted the clients who cases For information on how to join
person panel for the Committee. The parties were involved. This service provided by the the Division of Fees Mediation
before us disagreed over whether a former CMBA was a truly cost effective, efficient & Arbitration Committee,
attorney at the firm was entitled to a co- process which brought to a conclusion a contact Heather Zirke at (216)
counsel fee for a case the attorney originated purely economic dispute between members. I 696-3525 x 4006 or hzirke@
while at the firm, which did not result in a fee wholeheartedly endorse this service provided clemetrobar.org.
until after the attorney left. Both sides had the by our Bar Association.”

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