Jun., 2010 - Mecklenburg County Bar

2009-10 Summary
Fee Dispute
Resolution
Committee
By Edward S. Shapack &
Richard S. Wright, Co-Chairs
The Fee Dispute Resolution Committee
mediates (and in some cases arbitrates) fee
disputes between lawyers who are members
of the Mecklenburg County Bar and their
clients. Under the North Carolina Rules of
Professional Conduct Rule 1.5(f), North
Carolina licensed attorneys must participate
in good faith in the Fee Dispute Resolution
process if a client has made a timely and
proper claim.
A Committee member determines
whether this Committee has jurisdiction for
Fee Dispute Resolution, then mediates the
dispute if it is. Cases that resolve in
mediation are closed with a written
memorandum. Cases that reach an impasse
may (with mutual consent) be referred to a
3-person arbitration panel consisting of two
lawyers and one lay person, none of whom
was the mediator. Without such mutual
consent, cases that reach an impasse are
closed to allow the parties to pursue other
remedies.
Fee Disputes may be filed locally or with
the North Carolina State Bar, but most are
handled locally. Lawyer members of the
Committee are trained and certified
mediators or have extensive mediation
experience. All proceedings are confidential.
From July 1, 2009, through April 15,
2010, approximately 60 new files were
opened and 60 were closed. Of these closed
files, more than 50% were settled. This past
year, the Committee saw an increase in
filings by clients, as well as more Bar
members seeking to collect on past due
accounts and notifying clients of the Fee
Dispute Resolution process.
2009-10 Summary
Finance and
Operations
Committee
As this fiscal year comes to a close, the
MCB Finance and Operations Committee
continues to closely monitor the Bar’s income
and expenses. We expect the budgeted
income goal for 2010 to be met, and expenses
have been held to a minimum in response to
the economy. Pursuant to the procedure
established in the Finance and Operations
policy, a 2011 budget has been recommended
for approval by the Board. Public input was
scheduled for June 2, 2010 at the Bar Center.
The 2011 approved budget and 2010 yearend
financial reports will be posted on
MeckBar.org in August.
2009-10 Summary
Future Bar/
Foundation
Center
Committee
By Pender R. McElroy &
William H. McMullen Jr., Co-Chairs
The Future MCB/MBF Center co-chairs and
committee members have evaluated multiple
potential sites for the Bar Center over the last
year. Currently, the Bar is housed in less than
6,000 square feet. According to a space needs
analysis performed approximately 2 years ago,
more than twice that space is needed for Bar
programs, networking opportunities and staff.
The current Bar Center is for sale or exchange.
Although the future location of the
Bar/Foundation Center is unknown at this
point, several possible sites are under review.
The timing of the move and whether the Bar
Center is relocated depends in great part as to
whether the proposed dues increase passes at
the Annual Meeting May 20, 2010.
2009-10 Summary
Grievance
Committee
By Marc S. Gentile, Chair
The Grievance Committee investigates
complaints against Mecklenburg County Bar
members and reports its findings and
recommendations to the North Carolina State
Bar (NCSB). The Committee’s
recommendations are nonbinding, and the
Committee has no role in any discipline that
might be imposed. Grievances may be filed
locally or with the NCSB, but all grievances
other than those alleging criminal conduct or
trust account violations are investigated
locally. The Committee is comprised of 13
lawyers and three non-lawyers. Investigations
are assigned to lawyer members, and all
reports are considered by the Committee as a
whole. All proceedings are confidential.
For the period from July 1, 2009, through
April 15, 2010, 30 new files were opened and
23 were closed. The Committee recommended
a finding of probable cause as to a violation of
one or more of the Rules of Professional
Conduct in 2 of the closed files. Criminal and
domestic law consistently generate the most
complaints. Regardless of the type of law involved,
most complaints allege violations of Rule
1.4, Communications, and Rule 1.3, Diligence.
The Committee works closely with the Fee
Dispute Resolution Committee and the
Professionalism, Lawyer Life and Culture
Committee, and referrals are made as
appropriate. Any lawyer with a question about
the process or a particular issue should feel
free to contact the Chair or any member of the
Committee.
Did you know...
the MCB Volunteer Lawyer
Program provides
members meaningful
pro bono opportunities
in the community?
www.meckbar.org June 2010 9