27 NCAC 01D .0702         JURISDICTION

(a)  The committee has jurisdiction over a disagreement arising out of a client-lawyer relationship concerning the fees and expenses charged or incurred for legal services provided by a lawyer licensed to practice law in North Carolina.

(b)  The committee does not have jurisdiction over the following:

(1)           a dispute concerning fees or expenses established by a court, federal or state administrative agency, or federal or state official, or private arbitrator panel;

(2)           a dispute involving services that are the subject of a pending grievance complaint alleging violation of the Rules of Professional Conduct;

(3)           a dispute over fees or expenses that are or were the subject of litigation or arbitration unless

(i)            a court, arbitrator, or arbitration panel directs the matter to the State Bar for resolution, or

(ii)           both parties to the dispute agree to dismiss the litigation or arbitration without prejudice and pursue resolution through the State Bar's Fee Dispute Resolution program;

(4)           a dispute between a lawyer and a service provider, such as a court reporter or an expert witness;

(5)           a dispute between a lawyer and a person or entity with whom the lawyer had no client-lawyer relationship, except that the committee has jurisdiction over a dispute between a lawyer and a person other than the lawyer's client who paid fees or expenses to the lawyer for the benefit of the client; and

(6)           a dispute concerning a fee charged for services provided by the lawyer that do not constitute the practice of law.

The committee will encourage settlement of fee disputes falling within its jurisdiction pursuant to Rule .0708 of this Subchapter.

 

History Note:        Authority G.S. 84-23;

Readopted Eff. December 8, 1994;

Amended Eff. August 23, 2012; March 11, 2010; May 4, 2000.