Virginia State Bar

From WikiMediation

Revision as of 11:54, 25 May 2010 by Thomas LOP VIP (Talk | contribs)
(diff) ← Older revision | Current revision (diff) | Newer revision → (diff)
Jump to: navigation, search

Contents

General Information

  • Official name: Virginia State Bar
  • Country: USA
  • City: Richmond
  • Type of organization: Administrative agency
  • Date of creation: 1938
  • Interests: Mediation - Arbitration
  • Fields of expertise: All types of Disputes

Description

Overview and Mission of the Bar

The Virginia State Bar (VSB) was created in 1938 by the General Assembly as an administrative agency of the Supreme Court of Virginia. The creation of the agency unified Virginia's lawyers in a mandatory State Bar. The VSB is governed by its Council and Executive Committee, whose members are elected or appointed from every judicial circuit in the Commonwealth.

The mission of the Virginia State Bar, as an administrative agency of the Supreme Court of Virginia, is to regulate the legal profession of Virginia; to advance the availability and quality of legal services provided to the people of Virginia; and to assist in improving the legal profession and the judicial system.

Fee Dispute Resolution Program

The Fee Dispute Resolution Program (FDRP) was created as a voluntary program to help attorneys and clients resolve disputes over fees and costs paid, charged, or claimed for legal services provided by a member of the Virginia State Bar. The program achieves this goal by providing two options – mediation and binding arbitration. Parties who choose the mediation process but who do not reach a satisfactory conclusion may still utilize the binding arbitration process. However, you may not move from binding arbitration to mediation

How do the arbitrators decide?

All arbitrators have been trained and sworn to conduct the arbitration hearing in an impartial and neutral manner. When resolving a fee dispute, the arbitrators may consider all pertinent factors, including the intention and understanding of the parties at the time the representation was undertaken. Expert testimony supporting the reasonableness or unreasonableness of the fee is not necessary but is permitted. The factors to be considered are:

  • The time and labor required, the novelty, complexity and difficulty of the questions involved, and the skill required for proper legal representation;
  • The likelihood that the acceptance of the engagement would preclude other employment by the lawyer;
  • The customary fee or rate charged in the community;
  • The monetary or other stakes involved in the matter;
  • The time constraints of the representation;
  • The nature and length of the professional relationship with the client;
  • The experience, reputation, diligence, and ability of the lawyer, as well as the skill, expertise or efficiency of effort reflected in the actual services rendered;
  • Whether the fee agreement was fixed or contingent;
  • Whether the lawyer provided an adequate explanation to the client of the fee arrangement at the outset of the representation;
  • Whether the fee agreement was fixed or contingent;
  • Whether the fee arrangement was in writing;
  • The promptness of the billing;
  • The experience of the client in obtaining legal services;
  • The extent to which estimates of the total fee were given, and if an estimate was given, how closely the final bill related to the estimate;
  • The results obtained by the lawyer.

Mediation or Arbitration?

Mediation is often appropriate when parties hope to continue a business relationship or to end that relationship without hard feelings. Mediators help the parties work together to reach a resolution that both find acceptable. If the parties do not resolve their case in mediation, they can still pursue resolution through arbitration.

Arbitration is appropriate when the parties are willing to accept the decision of a neutral third party, the arbitrator. This means that even if one of the parties objects to the decision, they are still required to implement its terms. However, arbitration does guarantee a final decision

Links

Dispute Resolution Rules and Guidelines

Contact

Eighth and Main Building - 707 E. Main Street, Suite 1500 - Richmond, Virginia 23219-2800

Phone: (804) 775-0500

Email: davidson@vsb.org

Official Website

Personal tools
WikiMediation Partners