Legal Question in Legal Ethics in Massachusetts
fee arbitration
Our attorney owes us money from a fee arbitration award and money he is holding in trust. He had 30 days and it has been over 45. We went to the court to confirm the award and they cannot help. They say we need a lawyer. I am so exhausted with this and worried he stole the money. What can I do ?
1 Answer from Attorneys
Re: fee arbitration
If the attorney is refusing to comply with a fee arbitration award and return client funds, I would call the Board of Bar Overseers/Office of Bar Counsel in the first instance. While the bar discipline authorities lack authority to compel payment as such, an attorney's refusal to return client funds or honor a fee award is a serious violation of the Rules of Professional Conduct. While it would be prudent to institute an action to confirm the arbitration award to convert it to a judgment, a letter from Bar Counsel would be likely to lead to as favorable a result as may be possible much more quickly.