David:
I sit on a fee arb panel.
You are doing the only thing you can do. There is no reason, however, that you cannot call the secretary of the fee arb committee for the county and let him know the issue.
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Robert Goldstein Esq.
Manalapan NJ
(732)972-1600
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Original Message:
Sent: 08-10-2013 19:45
From: David Perry Davis
Subject: Fee Arb fiasco
Unfortunately, I'm sure that just about everyone on this list has had a collections issue with a client at some point. Generally, I have never had a problem with the Fee Arb committee, but I had a rather jaw-dropping situation and would appreciate any suggestions on how to handle it from here.
1. In October, client (who can easily afford to pay) is 90+ days past due on a $3500 invoice.
2. I sent him a Fee Arb Notice in November, one copy RRR and one regular mail.
3. After no response is received by mid-January, I file a Special Civil suit.
4. Client ignores suit and default is entered in late February.
5. In April, as I'm getting ready to refer it over to collection counsel, I get a fee arb notice.
6. I write the Committee explaining the above. I offer that I'll stay the civil suit if the Committee will entertain client's fee arb request.
7. I get an email from the Secretary's office asking me to forward a copy of the Fee Arb notice and proof of delivery. I do so (sending the "unclaimed" RRR letter received back) and again ask how the Committee advises to proceed.
8. In late July, I get a decision from the Fee Arb Comittee saying "the attorney has completed failed to respond and therefore no further legal fees are due." (Yeah....?!?!)
9. I email, fax, and write the Secretary asking whether this was an administrative error and, if so, whether it can be vacated administratively. I enclose a copy of all the documentation backing the above.
10. I don't receive the courtesy of any response whatsoever from the Committee.
I've now filed a Fee Arb appeal form, again enclosing all the documentation above (including copies of the emails to/from the Secretary). If anyone has had to go this route, I'd appreciate hearing any suggestions on what steps are next and how to handle this more than somewhat frustrating situation.
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David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
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