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Leadership
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Alternative Methods of Dispute Resolution Committee
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Committee on Women in the Legal Profession
Initiatives
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2019 Diversity Survey Recap
Committee on Diversity in the Legal Profession
Cultural Competency and Implicit Bias
Arturo Jaramillo Summer Clerkship Program
Taskforce on Minorities in New Mexico
2019 Diversity Survey Recap
Ethics Advisory Committee
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Constitution Day
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Legal Well-Being In Action Podcast
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What a Healthy Legal Community Looks Like
What a Healthy Lawyer Looks Like
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Paralegal
Join The Division
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Board/Officers
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Mistakes Lawyers Make
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Oral History Project
Young Lawyers
Board/Officers
Elections
Initiatives
Lunch With Judges
Call-in Program
Constitution Day
Constitution Day Resources for Volunteers
Homeless Legal Clinic
Veterans Legal Clinic
Wills for Heroes
YLD Summer Fellowship
Region Map
YLD In Brief
2021 ABA YLD Regional Summit
General Summit Info
Register & Book Hotel Here
Agenda and Speakers
Events and Programming
Sponsors and Exhibitors
Materials
Sections
Animal Law
Board of Directors
CLE Presentations
Animal Talk Series
Articles and Resources
Laws and Ordinances
Appellate Practice
Board of Directors
CLE Presentations
Bankruptcy Law
Board of Directors
Ex-Officio Observers
Resources
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Statute/Case Summaries
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Board of Directors
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Articles & Resources
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Board of Directors
Resources
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Board of Directors
Employment & Labor Law Section Scholarship Opportunities
Family Law
Board of Directors
Practitioner Resources
Child Support Annotations
Calendar of Events
Links
Divorce Options Workshop
Articles & Publications
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HLS- Board of Directors
HLS- Articles & Resources
Immigration Law
Board of Directors
Public Statements
Volunteer Opportunities
Immigration Law Scholarship Opportunities
Indian Law
Board of Directors
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Attorney Achievement Award
Indian Law Times
Resources
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Board of Directors
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Board of Directors
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NREEL Lawyer of the Year
NREEL Career Achievement Award
CLEs
Resources and Links
Prosecutors Section
Board of Directors
Resources
Public Law
Board of Directors
Public Lawyer of the Year Award
Othmer Scholarship Recipients
COVID 19 Resources
Real Property, Trust & Estate
Board of Directors
Section Retreat
Solo and Small Firm Section
Board of Directors
Programs and CLEs
Section Sponsors
Committees
Listserv
Tax Law Section
Board of Directors
Resources and Links
Continuing Legal Education
Minutes and Reports
Pro Bono
Trial Practice Law
Board of Directors
About the Section
Annual Trial Practice CLE
NM Specific Resources
NM Trial Database
Supreme Court Committees and Commissions
New Mexico Access to Justice Commission
Client Protection Fund Commission
Commission on Professionalism
NMSC Commission on Equity and Justice
Licensing & Regulatory
Member Dashboard
Change of Address
Profile Update
Licensing Renewal
New MCLE/Licensing Rule
Complete Licensing Renewal
Governmental & Regulatory Agencies
Late Fee Waiver Policies
Minimum Continuing Legal Education
Transcripts- Check Credits
Rules, Deadlines, and Resources
MCLE Transcript Explained and More
Providers Seeking Course Approval
Attorneys Reporting Credits
MCLE/Licensing Rules
Search For Courses
MCLE/Licensing Rule
Succession Planning
Member Handbook
Bridge the Gap Mentorship Program
Bridge the Gap Podcast
New Lawyers
Mentors
Search for Approved Mentors
Rule 24-110
BTG Mentorship Brochure
CLE Schedule
Curriculum Resources
IOLTA
IOLTA Information and Forms
Leadership Circle Banks
IOLTA Rules
IOLTA Eligible Financial Institutions
Pro Hac Vice
Legal Specialization
Legal Specialization Commissioners
Creating a New Legal Specialization
Applying as a Specialist
Status Types
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Online Member Directory
Bar & Legal Groups
Local/State/Natl Associations
N.M. Voluntary Associations
UNM School of Law
Ethics Opinions/Risk Management
Equity in Justice
Judicial Pipeline
Judicial Clerkship Program
Eligibility and Application
Program Expectations
2021 Cohort
2022 Clerkship Boot Camp Information
Law Students
Law Student Newsletter
Law Student Scholarships
Student Loans
Legal Research (Fastcase)
Legal Well-Being In Action Podcast
Episode Library
Member Resources & Benefits
New Mexico Judicial Wellness Program
New Mexico Lawyer Assistance Program
Employee Assistance Program
Program Services
Support Groups and Meetings
For Attorneys
For Law Students
Addiction
Depression
Other Mental Health Concerns
NM LAP Productions
Judges and Lawyers Assistance Program Committee
Legal Well-Being In Action Podcast
Professional Development Program
Banking, IOLTA & Financial Information
Best Practices Tips
Certified Professional Coaching
Checklists
CLEs
Consultations
Ethics Help
Forms
"How-To" Manuals
Licensing Renewal
Newsletters and Articles
Professional Liability Insurance
Self-Assessments for Lawyers
Starting a Law Firm
Succession Planning
Technology
Well-Being
Roles of N.M. Regulatory Programs for Lawyers
Room Rentals at the State Bar Center
SBNM Is Hear Podcast
Episode Library
Produce an Episode
Succession Planning
Supreme Court Online Dispute Resolution Program
For Public
Find An Attorney
Client Protection and Fee Arbitration
Client Protection Fund
Fee Arbitration
Civil Legal Service Providers & Other Resources
Legal Resources for the Elderly
Calendar
Publications
Modest Means Helpline
New Mexico Free Legal Answers
Workshops & Legal Clinics
Bar Foundation
About
Access to Justice
Center for Legal Education
Donations
Legal Resources for the Elderly
Modest Means Helpline
CLE & Events
Member Appreciation Week
2022 Annual Meeting
2022 Annual Awards
Past Award Recipients
Center for Legal Education
Call for Proposals
CLE Programs and Courses
FAQ
Basics of Trust Accounting
Find a CLE Course
My CLE Programs
News & Publications
Bar Bulletin
Current Issue
Archive
Advertising
Opinions
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Policies
Online Notices
State Bar Notices
Court Notices
Legal Community
eNews
New Mexico Lawyer
Newsroom & Articles
Handbooks and Whitepapers
Surveys
Resource Deskbook & Membership Listing 2023-24
Resource Deskbook 2020-2021
For the Media
Career Center
Phone and Email Scams
Fee Arbitration
For Public
Client Protection and Fee Arbitration
Fee Arbitration
Find An Attorney
Client Protection and Fee Arbitration
Client Protection Fund
Fee Arbitration
Civil Legal Service Providers & Other Resources
Legal Resources for the Elderly
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Fee Arbitration Program
The State Bar of New Mexico Fee Arbitration program provides clients and attorneys with an out-of-court method of resolving fee disputes that is expeditious, confidential, inexpensive, and impartial. This voluntary program can help avoid difficult, lengthy, and often expensive lawsuits. Arbitration can be requested by either the client or attorney. The State Bar offers this fee arbitration program as a free service to the public and to the attorney.
The amounts that can be disputed are:
Between $1,000 and $25,000 the arbitration will be before a single arbitrator. Over $25,000 either party may request a panel of three arbitrators
The Fee Arbitration Program has volunteer arbitrators who are attorneys and experienced non-attorneys from throughout New Mexico who donate their time to help resolve fee disputes.
Do I have a valid claim?
You have a valid claim if you have been overcharged for services.
The following are a list of disputes not subject to arbitration:
Unfavorable outcome of the case;
Disputes where the client seeks affirmative relief for damages against the attorney based upon alleged malpractice or professional misconduct;
Disputes where entitlement to and the amount of the fees and/or costs charge or paid to an attorney by the client or on the client’s behalf have been determined by court order, rule or decision and; Disputes where a third person is responsible for payment of the fees and the client fails to join in the request for arbitration.
How do I start the process?
Request the Petition for Fee Arbitration form by calling (505) 797-6059 or
download the form
.
Read the
Fee Arbitration Rules
which are included with the petition or download from this web page.
Please submit one original and two copies of the signed and dated petition and supporting documents if under $25,000
Please submit one original and four copies of the signed and dated petition and supporting documents if over $25,000.
Send to:
State Bar of New Mexico
Office of General Counsel
Fee Arbitration Program
PO Box 92860
Albuquerque, NM 87199.
Keep one copy for your records. You have now filed for fee arbitration.
What happens after I petition?
The Petition shall be reviewed to determine if the matter is appropriate for fee arbitration. If it is appropriate, a copy of the petition along with a Respondent Fee Arbitration Agreement will be sent to the respondent. The respondent has 20 business days to return the signed agreement. If both parties agree to arbitrate, a volunteer arbitrator is assigned and the parties will receive a notice of the appointment.
What happens after an arbitrator is assigned?
A hearing date will be set by the arbitrator. It may be held in person or over the phone. Either party may request a record of the hearing at their own expense.
At the hearing, both parties may be heard, may be represented by an attorney, present evidence, and cross-examine witnesses appearing at the hearing. Remember, however, this is not a trial. Also, if one party does not attend the hearing (either in person, by an attorney or by phone), the arbitrators may still hear and determine the controversy. A determination will be made by the arbitrator(s). It will be in writing and signed by the arbitrator(s). The determination becomes effective upon review and filing with the Office of General Counsel. The Program Administrator will mail a copy of the award to each party to the arbitration, and retain the original in the client file.
What happens if the respondent declines to arbitrate?
If the respondent declines arbitration or does not return the signed agreement within 20 business days, he or she is considered to have refused to arbitrate and you will be notified. If arbitration is refused by the respondent, you may wish to consult with an attorney regarding other options available.
The arbitration program is a voluntary program and is not mandatory for either party to participate.
Arbitrations shall be held in accordance with the State Bar of New Mexico Fee Arbitration Rules and the New Mexico Uniform Arbitration Act § 44-7A-1 et. seq. NMSA 1978.
Forms and Resources
Petition and Agreement For Fee Arbitration Form
Respondent Fee Arbitration Agreement Form
&
Fee Arbitration Rules
Volunteer to be an Arbitrator