While most attorney-client relationships end without disputes over fees, disagreements can sometimes develop. These disputes often result from misunderstandings or communication breakdowns and can occasionally lead to a bar complaint. Fee issues can occur between attorneys and clients or even between attorneys involved in the same case. Although these disputes can be resolved through the courts, alternative solutions are available. The Florida Bar offers a fee arbitration program, which functions like a mini trial. In this program, an arbitrator makes a final and binding decision after reviewing evidence and hearing testimony. This arbitration process is free, voluntary, and can be initiated by either the attorney or the client. By utilizing this program, attorneys can better serve their clients and avoid involvement in the disciplinary system.

In today’s episode host Jamie Moore welcomes Shanell Schuyler and Steven Lesser to discuss The Florida Bar’s fee arbitration program.

Shanell Schuyler serves as the Director of the Attorney Consumer Assistance Program (ACAP) and Intake Department of The Florida Bar. She also supervises the Bar’s Grievance Mediation and Fee Arbitration Program, the Practice and Professionalism Enhancement Programs, and Diversion/Discipline Consultation Services. Shanell is a graduate of Florida State University, cum laude, with a B.S. in Finance, and Stetson University College of Law. She began working for The Florida Bar as a senior attorney in 2007. She became director of the ACAP/Intake Department in February 2012. Shanell is an active member of the National Organization of Bar Counsel where she frequently speaks on topics pertinent to lawyer regulation.

Steven B. Lesser chairs the national Construction Law and Litigation practice group at his firm. He is Board Certified in Construction Law by the Florida Bar and focuses solely on construction law and litigation, including governmental construction claims, defense, and hotel/condominium disputes. A Fellow of the American College of Construction Lawyers, he was elected to the Board of Governors in 2022 for a 3-year term. He has received numerous awards from the Florida Bar and American Bar Associations for his contributions to the construction industry.

Mr. Lesser is a Past-Chair of the American Bar Association’s Forum on Construction Law, the largest construction lawyer group globally, known for its scholarly publications and programs on construction law. He also served as Past-Chair of The Florida Bar Board of Legal Specialization and Education committee, overseeing the Bar’s certification plan and 27 certification committees. Additionally, he has held leadership roles in various Florida Bar and American Bar Association Committees, including Past-Chair of the Florida Bar Construction Law Certification Committee.

This podcast has been approved by The Florida Bar Continuing Legal Education Department for 0.5 hour of General CLE credit including 0.5 hour of Ethics CLE credit. Course # 8663.

REFERENCED RESOURCES:

Grievance Mediation & Fee Arbitration Committee [The Florida Bar]

Keep Your Fee Dispute Out of Court [Video]

Attorney/Consumer Assistance Program (ACAP)

Complaint Alternatives [The Florida Bar]

Bar’s Grievance Mediation and Fee Arbitration Program Seeks Volunteers [The Florida Bar]

Grievance Mediation & Fee Arbitration Volunteer Form

Rules Regulating The Florida Bar Chapter 14 Grievance Mediation and Fee Arbitration