The Fee Dispute Resolution Program has no applicability where the amount in dispute exceeds $50,000 ( see 22 NYCRR 137.1 [b] [2]); both parties agree that the amount in dispute substantially exceeds that amount. Plaintiff contends that since it rescinded the tentative credit of $50,000, the amount owed by defendant client is approximately $140,000. Defendant admits he paid only $114,000 of the approximately $250,000 billed in attorney's fees. The amount in dispute clearly exceeds the $50,000 cap.
Plaintiff law firm did not consent to arbitration ( 22 NYCRR 137.2). Accordingly, it is unnecessary to consider whether defendant waived his right to arbitration.