Fee arbitration is a private hearing between a lawyer and the client before a one-to-three member panel of arbitrators in an informal setting. Trained volunteer arbitrators (lawyer and nonlawyer members of the public) hear the arguments on both sides before making a decision. While it is not required, you may choose to be represented by a lawyer for the hearing, making you responsible for their legal fee. The decision made by the arbitration panel is final and binding, subject only to the appeal rights under Chapter 788, Wisconsin Statutes.

To request fee arbitration services, download the fee arbitration application, or contact the Fee Arbitration Administrator by writing to: 

State Bar of Wisconsin
Fee Arbitration Administrator
P.O. Box 7158
Madison, WI 53707-7158

Only one of the parties needs to complete an application form. However, both parties must agree to fee arbitration for a hearing to be held.

This fee does not cover expenses incurred in the arbitration process, costs for collection actions, other litigation, or appeals after an arbitration decision.

Once the application is received, the entire process takes three to six months. Within three weeks of the hearing, a decision stating what fee is fair and reasonable will be mailed to both parties. Payment or a refund must be made within 30 days from the date of the mailing.

In general, all fee disputes between clients and their lawyers may be arbitrated. There are a few exceptions:

• The lawyer was not licensed to practice law in Wisconsin
• The case involved services performed outside of Wisconsin
• There was no lawyer/client relationship
• The fees were set by law or statute
• The full amount of the fee, or all terms of which, were fixed or approved by order of a court, such as guardian ad litem fees
• The applicant's claim does appear to have merit (e.g. legal action on the fee has been started, the lawyer had not been hired, or the matter is not a dispute over legal fees for services provided)

Your application will not be accepted if your case falls into one or more of the exceptions. While this means that no arbitration hearing will be held, it does not affect litigation or any other solution that you may wish to consider in place of arbitration.