Lawyer-Client Fixed-Fee Agreement Template Page 2
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5L
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F
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A
AWYER
LIENT
IXED
EE
GREEMENT
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i.
Disputes Regarding Fees, Costs and Other Compensation Due to Lawyer.
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All disputes relating to Costs, Fees, compensation or remuneration to
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Lawyer, including but not limited to, disputes arising under the law of
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contract, unjust enrichment, restitution and/or quantum meruit shall be
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resolved by arbitration administered by the Louisiana State Bar
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Association (“LSBA”) Program of Arbitration of Legal Fee Disputes.
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ii.
All Other Disputes. All other disputes, including but not limited to, those
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arising under the law of tort, contract, restitution and/or legal malpractice
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shall be resolved by arbitration administered by the American Arbitration
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Association (“AAA”) in New Orleans, Louisiana under the Commercial
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Arbitration Rules, Expedited Procedures effective at the time of the
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dispute.
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b.
Miscellaneous Arbitration Provisions.
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i.
Responsibility for Costs and Fees of Arbitration. The nonprevailing party
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shall pay all Costs incurred by the prevailing party. In addition, the
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nonprevailing party shall pay the prevailing party for all billable time
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incurred in connection with arbitration and with enforcement of any
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arbitration award, whether such billable time is incurred by Lawyer acting
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on his own behalf or by a lawyer or a law firm retained by the prevailing
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Lawyer or Client. The applicable rate for billable time shall be the same as
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set forth above. See supra Billable Time.
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ii.
Informed Consent to Arbitration. Arbitration proceedings are ways to
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resolve disputes without use of the court system. Lawyer and Client
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understand that in agreeing to arbitrate, they are expressly waiving
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their right to file any lawsuit in court, to broad discovery under the
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applicable rules of procedure, to a trial by a judge or a jury and to
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appeal. These are important rights that should not be given up
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without careful consideration. Arbitration may be more expensive
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than litigation and often involves substantial up-front costs. Lawyer
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and Client understand that this paragraph does not prospectively
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limit Lawyer’s liability to Client in any way, nor does it impinge upon
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Client’s right to make a disciplinary complaint to the appropriate
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authorities. Client is advised of the desirability of seeking and is given
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a reasonable opportunity to seek the advice of independent legal
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counsel regarding this arbitration provision. Client is further advised
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to review the detailed procedures and costs associated with
Lawyer ____________
Client(s) ____________
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