Which scenario would generally exclude mandatory arbitration for a fee dispute?

• A. The matter is criminal
• B. The dispute is exactly 25,000 dollars
• C. The attorney has no NY office
• D. The client cannot provide a consent form

Answer: (A)

The core idea is that private arbitration of attorney fees is a civil-matter mechanism, not a substitute for the criminal justice process. When the underlying matter is a criminal case, the state prosecutes crimes and the defendant’s right to counsel, along with the integrity of the criminal process, cannot be displaced by a private arbitration agreement. Because of public policy and statutory structure, fee disputes arising from criminal representation are generally not subject to mandatory arbitration. The other scenarios don’t inherently remove arbitration in the same way: the amount at issue, whether the attorney is located outside New York, or whether a consent form is available can affect whether arbitration would be used in civil matters, but they do not create the fundamental exclusion that applies to criminal cases.