Grievances

What Is The Fee Dispute Committee?
The Fee Dispute Committee of the Kansas City Metropolitan Bar Association was created to offer members of the public an opportunity for impartial review of fee disputes with attorneys. Members of the Committee donate countless hours each year to help attorneys and clients resolve their differences, all at no cost to those participating in the process. The services of the Committee are provided as a public service and are meant to offer clients and attorneys an alternative to costly and time-consuming litigation.

Do I Need An Attorney To File A Complaint?
No. The Committee's rules are designed to be easily understood without the aid of an attorney. Letters sent to the Committee may be typed or hand-written.

What Should I Do Before Filing a Fee Dispute?
You are encouraged to directly discuss the fee with your lawyer. In all fairness, the lawyer should be given the opportunity to explain the fee. A frank discussion also can very often bring a satisfactory result for all parties. If you are unable to reach an agreement, the Fee Dispute Committee offers an alternative to a law suit.

What Types Of Complaints Does The Committee Accept?
The Committee receives complaints where a client is in dispute with his/her attorney in the Kansas City area regarding the fees the attorney has charged. The Committee Cannot Accept:

Complaints over the telephone. All complaints must be made to the Fee Dispute Committee     in writing.
Cases where the fees are the subject of a lawsuit. If the client or attorney has filed a     lawsuit regarding the fees, the Committee cannot review the complaint.
Cases where the fees are established by Court judgment. If the fees have been set by court     order or are established by statute, the Committee can't review the complaint.
Cases where the dispute would be an ethical violation. Complaints regarding the ethical     conduct of an attorney must go to The Office of Chief Disciplinary Counsel, the office     established by The Missouri     Supreme Court to oversee the conduct of attorneys.
Complaints from anyone other than the client.
Due to the voluntary nature of the program, if either party is unwilling to participate with the     Fee Dispute Resolution Committee, the file will be closed as unresolved.

Pursuant to the Rules of the Fee Dispute Resolution Committee, we cannot review a fee dispute when a complaint has been filed with the Office of the Chief Disciplinary Counsel.

How Do I File A Complaint?
The Committee requires that all fee disputes be filed by the client in writing. You may use the Fee Dispute Resolution Form available as a PDF file or submit a written complaint to the Committee that contains the following information:

A summary of the events. In your own words, tell the Committee why you disagree with the     attorneys charges. Try to provide as much information as possible.
Provide your name, address and daytime telephone number. Be sure to tell the Committee,     in writing if you move or change your telephone number. Members of the Committee may     need to contact you for additional information.
Provide the name, address and telephone number of the attorney. The attorney will be     contacted by the Committee and asked to answer your complaint.
Copies of any documents that you feel support your position. If you have documents (fee     contracts, correspondence, billing statements, etc.) that you wish to provide, make sure     that you keep the originals and send only copies. The Committee does not return file     materials.

Your letter should be sent to:

The Fee Dispute Committee
The Kansas City Metropolitan Bar Association
1125 Grand, Suite 400
Kansas City, MO 64106

Sorry, no telephone complaints!

What Is The Cost Of Filing?
There is no charge to either the client or the lawyer for using the Fee Dispute Committee. The attorneys who serve on the Fee Dispute Committee donate their time and administration is provided by The Kansas City Metropolitan Bar Association.

What If My Attorney Isn't In Kansas City?
The Fee Dispute Committee of The Kansas City Metropolitan Bar Association serves the following counties in Missouri: Jackson, Clay, Platte, Ray, and Cass. In Kansas: Johnson and Wyandotte counties. The Missouri Bar Association's Fee Dispute Resolution Committee covers all other counties except the St. Louis area which is covered by the Bar Association of Metropolitan St. Louis . The Kansas Bar Association covers all other areas, except those previously listed. You can reach these programs at:

Fee Dispute Resolution Program
The Missouri Bar
P.O. Box 119
Jefferson City, MO 65102

Fee Dispute Resolution Program
The Bar Association of
Metropolitan St. Louis
One Metropolitan Square, Suite 1400
St. Louis, MO 63102

Fee Dispute Resolution Program
Kansas Bar Association
1200 Harrison
P.O. Box 1037
Topeka, KS 66601

What If I Have An Ethical Complaint?
In Missouri you will need to file your complaint with the following office:
Office of Chief Disciplinary Counsel
3335 American Avenue
Jefferson City, MO 65109

In Kansas:
Office of Disciplinary Administrator
State of Kansas
701 Jackson, 1st Floor
Topeka, KS 66603

What If I Have A Judicial Complaint?
You will need to file your complaint with the following office:
Commission on Retirement, Removal & Discipline of Judges
2190 S. Mason Road, Ste.201
St. Louis, MO 63131

What Happens After I send my letter?
Investigation

Once a letter of complaint is received, a copy is sent to the attorney, who is asked to respond to the Committee within 15 business days. At the end of that time, if the attorney has responded, the materials are reviewed by the chairman of the committee. The Chairman may either make a determination at that point or assign the matter to a volunteer investigator. If the Chairman makes a determination, both parties will be notified in writing and that will end the Committee's process.

Volunteer Investigators are attorneys who donate their time to the Committee. If assigned a fee dispute, investigators gather additional information. If both parties are willing, the volunteer investigator may elect to act as a mediator to resolve the dispute. Once the investigation is completed, a report is sent to the Chairman with the investigator's recommendations.

Review
The Chairman can at that point either make a determination or assign the matter to a panel hearing. If the Chairman makes a determination, both parties will be notified in writing.

Panel Hearing
If the dispute is assigned to a panel hearing, both parties will be notified by mail of a hearing date and time. The Fee Dispute Panel consists of three volunteer attorneys who did not investigate the case. Both parties appear before the Panel and are given the opportunity to discuss their position with the Panel and provide any additional information to the Panel and respond to any information provided by the other party. When possible, the Panel may attempt to mediate the dispute or provide arbitration. After hearing from both parties, the Panel issues a written recommendation, which is sent to both parties.

Recommendations
Any recommendations issued by the Committee, the Chairman or a Fee Dispute Panel are non-binding. Both parties are free to accept or refuse any recommendations made by the Committee, the Chairman or a Fee Dispute Panel. Participation in the Committee's process is completely voluntary for both parties, and is not legally enforceable.

For More Information
For more information on the Fee Dispute Program, please contact KCMBA at kcmba.info@kcmba.org


KCMBA Home Page KCMBA Home Page Join the KCMBA Contact the KCMBA