A fee arbitration notice is an absolute condition precedent, and must have been given to the client before starting an attorney fee lawsuit.  Here is a case from today in which a client "wins" the County bar fee arbitration, and the attorney seeks a de novo trial, only to have the case dismissed.

"PLAINTIFF LAW firm commenced this action against defendant client alleging defendant failed to pay for legal services rendered. Plaintiff moved for an order permitting it to file an amended summons and complaint asserting an action for a de novo review of the decision of the county bar associations fee dispute arbitration program. Defendant cross-moved for dismissal alleging the original summons and complaint was a nullity as plaintiff failed to offer defendant fee arbitration as required by the Part 137 Rules. The court agreed, ruling any covered action under 22 NYCRR §137.1(b) brought without having previously offered the client fee dispute resolution was a nullity"