Fee Disputes in New Jersey: Retainer Agreements, Billing Practices and the Arbitration Process
Category: On Demand
Member Price: $200
Non-Member Price: $250
Areas of Law: Ethics, For All Attorneys
| NJ CLE: | NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 3.3 hours of total CLE credit, including 2.0 in Ethics (Full Credits Available: NJ Ethics: 2.0, NJ General: 1.3). |
| NY CLE (t&nt): | NY Ethics Non-Transitional: 2.0, NY Professional Practice Transitional: 1.0 |
| PA CLE: | PA Ethics Credit: 1.5, PA Substantive Credit: 1.0
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program. |
Keynote
Moderator
- Steven Nudelman, Esq.
- Secretary, District VIII Fee Arbitration Committee
Greenbaum Rowe Smith & Davis, Red Bank
Presenters
- Darrell M. Felsenstein, Esq.
- Assistant Ethics Counsel and Statewide Fee Arbitration Coordinator, Office of Attorney Ethics, Trenton
- Robert B. Hille, Esq.
- Past President, New Jersey State Bar Association
Greenbaum Rowe Smith & Davis, RoselandCertified as a Civil Trial Attorney by the Supreme Court of New Jersey, is a Partner in Greenbaum Rowe Smith & Davis LLP in Morristown, New Jersey. He concentrates his practice in insurance and healthcare law and has litigated a number of insurance defense and coverage, healthcare, professional liability defense, fraud and abuse, and regulatory matters. He has also been involved in a number of reported decisions.
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nMr. Hille is admitted to practice in New Jersey and New York, and before the United States District Court for the District of New Jersey and Southern and Eastern Districts of New York, the Third Circuit Court of Appeals and the United States Supreme Court. Past President of the Bergen County Bar Association, he is Past President of the New Jersey State Bar Association, where he has chaired the Insurance Benefit and Amicus Committees, continues to serve on those committees and is a member of the Malpractice Insurance Committee and the Health and Hospital Law Section. He has been a member of the Health and Tort Law Sections of the American Bar Association as well as the New Jersey Supreme Court Civil Practice Committee.
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nMr. Hille has lectured widely on insurance and healthcare law topics. His articles have appeared in the New Jersey Law Journal and other publications, and he is the recipient of several honors.
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nMr. Hille received his B.A. from Bucknell University and his J.D. from Seton Hall Law School. He served a judicial clerkship with the Honorable Keven M. O’Halloran. - Ronald Israel, Esq.
- General Counsel, Chiesa Shahinian & Giantomasi PC, Roseland
- Vahbiz P. Karanjia, Esq.
- Panel Chair, District VIII Fee Arbitration Committee
Epstein Ostrove LLC, Edison - Marian I. Kelly, Esq.
- Secretary, District IV Fee Arbitration Committee
Popjoy & Kelly LLC, Voorhees
In New Jersey, a fee dispute is never "just about the money." These conflicts can swiftly become ethics matters with the power to derail active cases and put your license at risk. Under the authority of the New Jersey Supreme Court, fee arbitration takes priority over almost every other professional obligation - even a scheduled trial-making it essential to know both the preventive measures and the procedural steps before you are in the middle of a dispute.
In New Jersey, a fee dispute is never just about the money. These conflicts can swiftly become ethics matters with the power to derail active cases and put your license at risk. Under the authority of the New Jersey Supreme Court, fee arbitration takes priority over almost every other professional obligation, even a scheduled trial. It is essential to know both the preventive measures and the procedural steps before you are in the middle of a dispute.
Join leading practitioners, ethics authorities and fee arbitration insiders as they cover the full lifecycle of a fee matter. You will learn how to craft retainer agreements that stand up to scrutiny, use billing practices that prevent misunderstandings, and navigate the arbitration process from start to finish, whether you are preventing or defending a claim.
You will come away with practical strategies for avoiding disputes, clear insight into the connection between fee matters and ethics complaints, and the procedural know-how to manage a case effectively before a fee arbitration committee. Designed for lawyers in any practice setting – from solo offices to large firms – this session offers the tools to protect your practice, preserve client relationships, and comply with your ethical obligations.
Program Agenda
9:00 | Welcome and Overview - Steven Nudelman, Esq.
Find out how fee disputes fit into the ethics landscape in New Jersey and why this topic is critical for every practicing attorney.
9:05 | The New Jersey Fee Dispute System: Structure, Authority and Ethics Implications -- - Speakers: Darrell Felsenstein, Esq. and Marian I. Kelly, Esq.
Get an insider's view of the structure and authority behind fee disputes, and why they take precedence over nearly all other legal obligations and review:
- New Jersey Supreme Court's authority and the district committee system
- Roles and responsibilities of chairs, vice chairs, and secretaries
- Rules governing fee arbitration and why disputes are prioritized
- Distinguishing fee arbitration from ethics complaints-and how one can trigger the other
- Real-world examples of consequences for ignoring fee disputes
Takeaway: Leave with a clear roadmap of the process and understand the stakes involved in fee disputes.
9:45 | From Retainer to Final Bill: How to Prevent Fee Disputes Before They Start
- Speakers: Robert B. Hille, Esq. and Ronald Israel, Esq.
Boost your understanding of how careful drafting, clear communication, and smart billing practices can prevent disputes before they arise and examine:
- Essential clauses for New Jersey-compliant and client-friendly retainer agreements
- Innovative fee arrangements and alternative billing models that meet client expectations
- Common billing pitfalls and strategies to avoid disputes
- Best practices for communicating about fees throughout representation
- Role of law firm general counsel in preventing fee disputes
Takeaway: Practical, ready-to-use strategies and retainer language to improve client relations and reduce dispute risk.
10:40 | Break
10:50 | Fee Arbitration in Action: Strategy, Process, and Outcomes
- Speakers: Vahbiz P. Karanjia, Esq. and Steven Nudelman, Esq.
Understand exactly how fee arbitration works, from initiation to enforcement, and how to successfully navigate the process including:
- How a fee arbitration matter is initiated
- The secretary's role in assigning cases and facilitating the process
- Preparing your case, representing the client or yourself
- Evidentiary considerations unique to fee disputes
- Procedural timelines and the importance of timely action
- Appeals, enforcement of awards, and related ethics considerations
Takeaway: Knowing what happens at each stage of the process and how to effectively present a case before the committee.
11:40 | Panel Discussion and Closing Insights - Panel
Bringing it all together-lessons learned, best practices, and practical tips for everyday billing and retainer practices.
Sharing real-world examples and "war stories" illustrating critical do's and don'ts.
- Discussing key strategies to integrate preventive practices into daily billing habits.
- Acquiring resources for further guidance and ethics credit attestation reminders.
12:00 | Program Ends