Friday, December 11, 2009

Fee Dispute Resolution Process Bars Litigation

An interesting decision of the North Carolina Court of Appeals holds that the courts lack subject matter jurisdiction over a lawyer's suit for allegedly unpaid fees when the suit is filed contrary to State Bar rules governing resolution of fee disputes. The attorney had commenced the suit while the bar had the claims under consideration and had claimed almost $180,000 in fees. The court here holds that the bar's processes must be followed before suit can be filed. The suit was dismissed without prejudice. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2009/12/fee-mediation-process-bars-litigation.html

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