Preview
FILED: NEW YORK COUNTY CLERK 01/22/2024
08/30/2023 04:45
03:54 PM
AM INDEX NO. 652966/2023
NYSCEF DOC. NO. 35
12 RECEIVED NYSCEF: 01/22/2024
08/30/2023
UCS 137-1 (11/01)
NOTICE OF CLIENTS RIGHT TO ARBITRATE
A DISPUTE OVER ATTORNEYS FEES
The amount of $___________
7,110.00 is due and owing for the provision of legal services with
respect to: The representation of Matthew Gates in the matter of 4545 LLC v. Gates
and related domestic violence matters and the outstanding balance of
$7,110 plus 9% interest; includes the failure of Matthew Gates
to make payment in a timely manner despite the submission of interim
invoices and multiple demands to make payment.
All invoices attached. Invoices do not yet include interest of charges for litigation.
If you dispute that you owe this amount, you have the right to elect to resolve this dispute by
arbitration under Part 137 of the Rules of the Chief Administrator of the Courts. To do so, you must
file the attached Request for Fee Arbitration within 30 days from the receipt of this Notice, as set
forth in the attached instructions. If you do not file a Request for Fee Arbitration within 30 days
from the receipt of this Notice, you waive the right to resolve this dispute by arbitration under Part
137, and your attorney will be free to bring a lawsuit in court to seek payment of the fee.
February 28, 2023
Dated:__________________ ___________________________________
(Attorneys Signature)
[print Attorneys name, address and telephone number below]
Ehrlich Gayner, LLP
By: Charles J. Gayner, Esq.
150 Broadway, Suite 909
NY NY 10038
212-827-0555
charles@ehrlichgayner.com
FILED: NEW YORK COUNTY CLERK 01/22/2024
08/30/2023 04:45
03:54 PM
AM INDEX NO. 652966/2023
NYSCEF DOC. NO. 35
12 RECEIVED NYSCEF: 01/22/2024
08/30/2023
UCS 137-3 (9/05)
STANDARD WRITTEN INSTRUCTIONS AND PROCEDURES
TO CLIENTS FOR THE RESOLUTION OF FEE DISPUTES PURSUANT
TO PART 137 OF THE RULES OF THE CHIEF ADMINISTRATOR
Part 137 of the Rules of the Chief Administrator of the Courts provides a procedure
for the arbitration (and in some cases mediation) of fee disputes between attorneys and
clients in civil matters. Your attorney can provide you with a copy of Part 137 upon request
or you can download a copy at www.nycourts.gov/admin/feedispute. Fee disputes may
involve both fees that you have already paid to your attorney and fees that your attorney
claims are owed by you. If you elect to resolve your dispute by arbitration, your attorney is
required to participate. Furthermore, the arbitration will be final and binding on both your
attorney and you, unless either of you seeks a trial de novo within 30 days, which means
either of you reject the arbitrators decision by commencing an action on the merits of the
fee dispute in a court of law within 30 days after the arbitrators decision has been mailed.
Fees disputes which may not be resolved under this procedure are described in Part 137.1
of the Rules of Chief Administrator of the Courts: representation in criminal matters;
amounts in dispute involving a sum of less than $1,000 or more than $50,000 unless the
parties consent; and claims involving substantial legal questions, including professional
malpractice or misconduct. Please consult Part 137.1 for additional exclusions.
Your attorney may not bring an action in court to obtain payment of a fee unless he
or she first has provided written notice to you of your right to elect to resolve the dispute by
arbitration under Part 137. If your attorney provides you with this notice, he or she must
provide you with a copy of the written instructions and procedures of the approved local bar
association-sponsored fee dispute resolution program (Local Program) having jurisdiction
over your dispute. Your attorney must also provide you with the Request for Fee
Arbitration form and advise that you must file the Request for Fee Arbitration with the local
program within 30 days of the receipt of the notice. If you do not file the Request within
those 30 days, you will not be permitted to compel your attorney to resolve the dispute by
arbitration, and your attorney will be free to bring a lawsuit in court to seek to obtain
payment of the fee.
In order to elect to resolve a fee dispute by arbitration, you must file the attached
Request for Fee Arbitration with the approved local program. An updated list of local
programs is available at www.nycourts.gov/admin/feedispute or by calling toll-free 1-(877)-
FEES-137 (1-877-333-7137). Filing of the Request for Fee Arbitration must be made
FILED: NEW YORK COUNTY CLERK 01/22/2024
08/30/2023 04:45
03:54 PM
AM INDEX NO. 652966/2023
NYSCEF DOC. NO. 35
12 RECEIVED NYSCEF: 01/22/2024
08/30/2023
with the appropriate local program for the county in which the majority of legal services
were performed. Once you file the Request for Fee Arbitration, the local program will mail
a copy of the request to your attorney, who must provide a response within 15 days of the
mailing. You will receive at least 15 days notice in writing of the time and place of the
hearing and of the identity of the arbitrator(s). The arbitrator(s) decision will be issued no
later than 30 days after the date of the hearing. You may represent yourself at the
hearing, or you may appear with an attorney if you wish.
Some local programs may offer mediation services in addition to arbitration.
Mediation is a process by which those who have a fee dispute meet with the assistance of
a trained mediator to clarify issues and explore options for a mutually acceptable resolution.
Mediation provides the opportunity for your attorney and you to discuss your concerns
without relinquishing control over the outcome and of achieving a result satisfactory to both
of you. Participation in mediation is voluntary for your attorney and you, and it does not
waive any of your rights to arbitration under these rules. If you wish to attempt to resolve
your dispute through mediation, you may indicate your wish on the Request for Fee
Arbitration form.
More information, including an updated list of local programs, is available at
http://www.nycourts.gov/admin/feedispute
or by calling 1-(877)-FEES-137 (1-877-333-7137).
FILED: NEW YORK COUNTY CLERK 01/22/2024
08/30/2023 04:45
03:54 PM
AM INDEX NO. 652966/2023
NYSCEF DOC. NO. 35
12 RECEIVED NYSCEF: 01/22/2024
08/30/2023
(Office Use Only)
Date Received: .................................
Case Number: _________________
UCS 137-4a (10/13)
CLIENT REQUEST FOR FEE ARBITRATION
1. Your name, address and telephone number:
Name:
Address:
Telephone Number:
Email Address:
2. Name, address and office telephone number of the law firm and/or attorney who handled
your matter:
Name:
Address:
Telephone Number:
Email Address (if known):
3. If your attorney represented you in a lawsuit, in which court and county was the lawsuit
filed?
Court:__________________________ County: __________________________
4. a. On what date did your attorney first agree to handle your case?
__________________, 20___
b. On what date did your attorney last perform services on your case?
__________________, 20___
5. Briefly describe the type of legal matter involved and what your attorney agreed to do in
FILED: NEW YORK COUNTY CLERK 01/22/2024
08/30/2023 04:45
03:54 PM
AM INDEX NO. 652966/2023
NYSCEF DOC. NO. 35
12 RECEIVED NYSCEF: 01/22/2024
08/30/2023
the course of representing you (attach a copy of the written retainer agreement, letter of
engagement, or other papers describing the fee arrangement, if any):
6. In the space below, indicate the date, amount and purpose of each payment you made to
your attorney. Attach additional sheets if necessary.
Date Amount Purpose (e.g., attorney’s time, out-of-pocket
expenses, filing fees, etc.)
__________ $____________ _________________________________________
__________ $____________ _________________________________________
__________ $____________ _________________________________________
__________ $____________ _________________________________________
7. How much of your attorney’s fee is in dispute (attach a copy of your attorney’s bill, if
available):$______________________________
8. Have you received a “Notice of Client’s Right to Arbitrate” from your attorney?
________. If yes, please attach a copy.
9. Briefly describe why you believe your attorney is not entitled to the amount set forth in
question 7 (use additional sheets if necessary):
FILED: NEW YORK COUNTY CLERK 01/22/2024
08/30/2023 04:45
03:54 PM
AM INDEX NO. 652966/2023
NYSCEF DOC. NO. 35
12 RECEIVED NYSCEF: 01/22/2024
08/30/2023
10. I elect to resolve this fee dispute by arbitration, to be conducted pursuant to Part 137 of
the Rules of the Chief Administrator [22 NYCRR] and the procedures of the Brooklyn Bar
Association, copies of which I have received. I understand that the determination of the
arbitrator(s) is binding upon both the lawyer and myself, unless either party rejects the
arbitrator’s award by commencing an action on the merits of the fee dispute (trial de novo) in a
court of law within 30 days after the arbitrator’s decision has been mailed.
Dated:_____________________________ Signed:_____________________________
IMPORTANT: You must file this Request for Fee Arbitration, along with a check for the filing
fee in the amount of $175.00, to:
Brooklyn Bar Association
Avery Eli Okin, Esq., CAE
Brooklyn Bar Association
123 Remsen Street
Brooklyn, New York 11201
Preview
FILED: NEW YORK COUNTY CLERK 01/22/2024 08/30/2023 04:45 03:54 PM AM INDEX NO. 652966/2023 NYSCEF DOC. NO. 35 12 RECEIVED NYSCEF: 01/22/2024 08/30/2023 UCS 137-1 (11/01) NOTICE OF CLIENTS RIGHT TO ARBITRATE A DISPUTE OVER ATTORNEYS FEES The amount of $___________ 7,110.00 is due and owing for the provision of legal services with respect to: The representation of Matthew Gates in the matter of 4545 LLC v. Gates and related domestic violence matters and the outstanding balance of $7,110 plus 9% interest; includes the failure of Matthew Gates to make payment in a timely manner despite the submission of interim invoices and multiple demands to make payment. All invoices attached. Invoices do not yet include interest of charges for litigation. If you dispute that you owe this amount, you have the right to elect to resolve this dispute by arbitration under Part 137 of the Rules of the Chief Administrator of the Courts. To do so, you must file the attached Request for Fee Arbitration within 30 days from the receipt of this Notice, as set forth in the attached instructions. If you do not file a Request for Fee Arbitration within 30 days from the receipt of this Notice, you waive the right to resolve this dispute by arbitration under Part 137, and your attorney will be free to bring a lawsuit in court to seek payment of the fee. February 28, 2023 Dated:__________________ ___________________________________ (Attorneys Signature) [print Attorneys name, address and telephone number below] Ehrlich Gayner, LLP By: Charles J. Gayner, Esq. 150 Broadway, Suite 909 NY NY 10038 212-827-0555 charles@ehrlichgayner.com FILED: NEW YORK COUNTY CLERK 01/22/2024 08/30/2023 04:45 03:54 PM AM INDEX NO. 652966/2023 NYSCEF DOC. NO. 35 12 RECEIVED NYSCEF: 01/22/2024 08/30/2023 UCS 137-3 (9/05) STANDARD WRITTEN INSTRUCTIONS AND PROCEDURES TO CLIENTS FOR THE RESOLUTION OF FEE DISPUTES PURSUANT TO PART 137 OF THE RULES OF THE CHIEF ADMINISTRATOR Part 137 of the Rules of the Chief Administrator of the Courts provides a procedure for the arbitration (and in some cases mediation) of fee disputes between attorneys and clients in civil matters. Your attorney can provide you with a copy of Part 137 upon request or you can download a copy at www.nycourts.gov/admin/feedispute. Fee disputes may involve both fees that you have already paid to your attorney and fees that your attorney claims are owed by you. If you elect to resolve your dispute by arbitration, your attorney is required to participate. Furthermore, the arbitration will be final and binding on both your attorney and you, unless either of you seeks a trial de novo within 30 days, which means either of you reject the arbitrators decision by commencing an action on the merits of the fee dispute in a court of law within 30 days after the arbitrators decision has been mailed. Fees disputes which may not be resolved under this procedure are described in Part 137.1 of the Rules of Chief Administrator of the Courts: representation in criminal matters; amounts in dispute involving a sum of less than $1,000 or more than $50,000 unless the parties consent; and claims involving substantial legal questions, including professional malpractice or misconduct. Please consult Part 137.1 for additional exclusions. Your attorney may not bring an action in court to obtain payment of a fee unless he or she first has provided written notice to you of your right to elect to resolve the dispute by arbitration under Part 137. If your attorney provides you with this notice, he or she must provide you with a copy of the written instructions and procedures of the approved local bar association-sponsored fee dispute resolution program (Local Program) having jurisdiction over your dispute. Your attorney must also provide you with the Request for Fee Arbitration form and advise that you must file the Request for Fee Arbitration with the local program within 30 days of the receipt of the notice. If you do not file the Request within those 30 days, you will not be permitted to compel your attorney to resolve the dispute by arbitration, and your attorney will be free to bring a lawsuit in court to seek to obtain payment of the fee. In order to elect to resolve a fee dispute by arbitration, you must file the attached Request for Fee Arbitration with the approved local program. An updated list of local programs is available at www.nycourts.gov/admin/feedispute or by calling toll-free 1-(877)- FEES-137 (1-877-333-7137). Filing of the Request for Fee Arbitration must be made FILED: NEW YORK COUNTY CLERK 01/22/2024 08/30/2023 04:45 03:54 PM AM INDEX NO. 652966/2023 NYSCEF DOC. NO. 35 12 RECEIVED NYSCEF: 01/22/2024 08/30/2023 with the appropriate local program for the county in which the majority of legal services were performed. Once you file the Request for Fee Arbitration, the local program will mail a copy of the request to your attorney, who must provide a response within 15 days of the mailing. You will receive at least 15 days notice in writing of the time and place of the hearing and of the identity of the arbitrator(s). The arbitrator(s) decision will be issued no later than 30 days after the date of the hearing. You may represent yourself at the hearing, or you may appear with an attorney if you wish. Some local programs may offer mediation services in addition to arbitration. Mediation is a process by which those who have a fee dispute meet with the assistance of a trained mediator to clarify issues and explore options for a mutually acceptable resolution. Mediation provides the opportunity for your attorney and you to discuss your concerns without relinquishing control over the outcome and of achieving a result satisfactory to both of you. Participation in mediation is voluntary for your attorney and you, and it does not waive any of your rights to arbitration under these rules. If you wish to attempt to resolve your dispute through mediation, you may indicate your wish on the Request for Fee Arbitration form. More information, including an updated list of local programs, is available at http://www.nycourts.gov/admin/feedispute or by calling 1-(877)-FEES-137 (1-877-333-7137). FILED: NEW YORK COUNTY CLERK 01/22/2024 08/30/2023 04:45 03:54 PM AM INDEX NO. 652966/2023 NYSCEF DOC. NO. 35 12 RECEIVED NYSCEF: 01/22/2024 08/30/2023 (Office Use Only) Date Received: ................................. Case Number: _________________ UCS 137-4a (10/13) CLIENT REQUEST FOR FEE ARBITRATION 1. Your name, address and telephone number: Name: Address: Telephone Number: Email Address: 2. Name, address and office telephone number of the law firm and/or attorney who handled your matter: Name: Address: Telephone Number: Email Address (if known): 3. If your attorney represented you in a lawsuit, in which court and county was the lawsuit filed? Court:__________________________ County: __________________________ 4. a. On what date did your attorney first agree to handle your case? __________________, 20___ b. On what date did your attorney last perform services on your case? __________________, 20___ 5. Briefly describe the type of legal matter involved and what your attorney agreed to do in FILED: NEW YORK COUNTY CLERK 01/22/2024 08/30/2023 04:45 03:54 PM AM INDEX NO. 652966/2023 NYSCEF DOC. NO. 35 12 RECEIVED NYSCEF: 01/22/2024 08/30/2023 the course of representing you (attach a copy of the written retainer agreement, letter of engagement, or other papers describing the fee arrangement, if any): 6. In the space below, indicate the date, amount and purpose of each payment you made to your attorney. Attach additional sheets if necessary. Date Amount Purpose (e.g., attorney’s time, out-of-pocket expenses, filing fees, etc.) __________ $____________ _________________________________________ __________ $____________ _________________________________________ __________ $____________ _________________________________________ __________ $____________ _________________________________________ 7. How much of your attorney’s fee is in dispute (attach a copy of your attorney’s bill, if available):$______________________________ 8. Have you received a “Notice of Client’s Right to Arbitrate” from your attorney? ________. If yes, please attach a copy. 9. Briefly describe why you believe your attorney is not entitled to the amount set forth in question 7 (use additional sheets if necessary): FILED: NEW YORK COUNTY CLERK 01/22/2024 08/30/2023 04:45 03:54 PM AM INDEX NO. 652966/2023 NYSCEF DOC. NO. 35 12 RECEIVED NYSCEF: 01/22/2024 08/30/2023 10. I elect to resolve this fee dispute by arbitration, to be conducted pursuant to Part 137 of the Rules of the Chief Administrator [22 NYCRR] and the procedures of the Brooklyn Bar Association, copies of which I have received. I understand that the determination of the arbitrator(s) is binding upon both the lawyer and myself, unless either party rejects the arbitrator’s award by commencing an action on the merits of the fee dispute (trial de novo) in a court of law within 30 days after the arbitrator’s decision has been mailed. Dated:_____________________________ Signed:_____________________________ IMPORTANT: You must file this Request for Fee Arbitration, along with a check for the filing fee in the amount of $175.00, to: Brooklyn Bar Association Avery Eli Okin, Esq., CAE Brooklyn Bar Association 123 Remsen Street Brooklyn, New York 11201