Must a Minnesota lawyer who agreed to arbitrate a fee dispute honor the arbitration award?
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This page answers the general question as of 1974. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The opinion addressed a lawyer who had signed an agreement to arbitrate a fee dispute and then refused to comply with the arbitration result. It concluded that an attorney who has signed an agreement to arbitrate a fee dispute commits professional misconduct by refusing to honor and carry out the final decision reached in the arbitration proceedings.
The opinion supported that conclusion by citing In re Pearson, 352 N.W.2d 415 (Minn. 1984).
Currency note
The Board flagged this opinion as Repealed effective January 26, 2006; it is retained here for historical research only.
This opinion was issued in 1974, before the Minnesota Supreme Court's adoption of the 2005 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Did a lawyer have to follow a fee arbitration award the lawyer agreed to?
A: Yes. The opinion concluded it was professional misconduct for an attorney who signed an agreement to arbitrate a fee dispute to refuse to honor and carry out the final decision.
Q: What authority did the opinion rely on?
A: It cited In re Pearson, 352 N.W.2d 415 (Minn. 1984).
Background and rules framework
The opinion addressed a lawyer's obligation to comply with the result of a fee-dispute arbitration the lawyer had agreed to. It was adopted in 1974, amended in 1987, and repealed in 2006. The opinion did not cite a numbered Rule of Professional Conduct; it relied on the Minnesota Supreme Court's decision in In re Pearson.
Citations and references
Cases:
- In re Pearson, 352 N.W.2d 415 (Minn. 1984), discipline arising from a fee dispute
See also
- ABA Ethics Op. 02-425: Arbitration of Fee Disputes and Malpractice Claims
- Alaska Ethics Op. 2009-1: Fee Dispute Arbitration
Source
- Landing page: https://lprb.mncourts.gov/lawyers-professional-responsibility-board-opinions/
- Original PDF: https://lprb.mncourts.gov/wp-content/uploads/2024/10/Opinion-5_compressed.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
LAWYERS PROFESSIONAL RESPONSIBILITY BOARD
Repealed: January 26, 2006
OPINION NO. 5
It is professional misconduct for an attorney who has signed an agreement to arbitrate a fee
dispute to refuse to honor and carry out the final decision reached in such proceedings. See In Re
Pearson, 352 N.W.2d 415 (Minn. 1984).
Adopted: April 19, 1974.
Amended: December 4, 1987.
Repealed: January 26, 2006.
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