C. Arbitration Hearings

• Jurisdiction: New York

C. Arbitration Hearings

The conventional rules of arbitration apply in the fee dispute context. Arbitrators have the power to take and hear evidence, administer oaths and affirmations, and compel by subpoena, the attendance of witnesses and the production of documents.¹⁶¹ The rules of evidence need not be observed in the hearings,¹⁶² and the parties may be represented by counsel.¹⁶³

The attorney bears the burden of proof by a preponderance of the evidence that the fees are reasonable, and must present documentation to support the billing memoranda.¹⁶⁴ The client may also present his or her account of the services rendered and the time spent on the...