FEATURE ARTICLE:
RULE 137 ON MANDATORY ARBITRATION OF ATTORNEY'S
FEE DISPUTES TAKES EFFECT JANUARY 1, 2002, AND APPLIES IN ALL (NOT
JUST MATRIMONIAL) ACTIONS
We conclude in this issue the three-part series
on the new Rule 137 that took effect on January 1, 2002, mandating
the arbitration of attorney's fee disputes at the client's option
and applying the rule in all, not just matrimonial actions. The author
acknowledges the helpful suggestions of Patrick M. Connors, his Albany
Law School colleague and a specialist in professional ethics, who
reviewed all three installments in this series.
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PART III, CAPTIONS:
No "Review" of Award: Trial de Novo Allowed Instead
Procedure for Trial De Novo
Any Other "Review" If Loser Does Not Seek Trial de Novo?
Confidentiality
Res Judicata and Collateral Estoppel Issues
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Enforcement of Award
Which Court to Enter the Award In?
Statutory Basis for Rule Allowing Direct Entry on Award
Appointment of Pro Bono Attorney to Help Client Enforce Award
Mediation Instead of Arbitration
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