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Fee
Dispute Arbitration Program,
Attorney Information |
Arbitration is a way of resolving fee disputes at
an early stage and at low cost. The program benefits
the attorney, as well as the client, increasing client
satisfaction with the legal community and decreasing
the incidence of professional liability suits against
attorneys.
Note: If you are a non-attorney looking for information
on filing for fee arbitration, click
here.
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| What
is Fee Dispute Arbitration? |
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The San Luis
Obispo County Bar Association (SLO County
Bar) provides a Fee Dispute Arbitration Service
to assist clients and their attorneys in resolving
disputes concerning fees, costs, or both,
charged for professional services by California
licensed attorneys. The SLO County Bar only
has jurisdiction over attorneys who are members
in good standing of the Association and have
an office in San Luis Obispo County. All others
are under the jurisdiction of the State Bar
Fee Arbitration Program.
The California Business and Professions Code,
§§6200 through 6206, establishes a fee arbitration
program which is mandatory for attorneys if
commenced by a client but voluntary for clients.
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| Fee Dispute Arbitration
does not deal with the following matters:
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the attorney
is also admitted or only admitted to another
state's bar |
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no services were
rendered in California |
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a malpractice
or professional misconduct suit has been filed
against the attorney |
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the fee or costs
to be paid by the client has been determined
pursuant to statute or court order. |
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| Is
there a cost to file? |
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| The cost to the
client to file a Fee Arbitration Dispute is
as follows: |
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If the amount
in dispute is less than $5000, the filing
fee is $50.00. |
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If the amount
in dispute is between $5000 - $10,000, the
filing fee is $100.00. |
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If the amount
in dispute is more than $10,000, the filing
fee is 1% of the disputed amount. |
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| The attorney does
not pay a filing fee for the first arbitration
in any calendar year, but if there are two
or more, the attorney shall pay a filing fee
equal to the fee paid by the client.
Before an attorney can sue a client for
recovery of fees, costs or both for professional
services rendered, the attorney must forward
to the client an approved State Bar form
entitled "Notice of Client's Right
to Arbitration." If this notice is
not given, the action can be dismissed.
These notices can be obtained from the SLO
County Bar.
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| Note: |
If the request for arbitration
is withdrawn or the matter is settled by the
parties prior to the assignment of
an arbitrator, 50% of the filing fee shall
be refunded. |
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| What
is Fee Dispute Arbitration process? |
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| The client contacts
the SLO County Bar Fee Arbitration Program
for the forms. The client submits the completed
forms back to the SLO County Bar. The attorney
is notified of the request to arbitrate and
must respond within 20 days.
If the attorney seeks arbitration, it shall
proceed only if the client provides written
consent within 20 days.
Either party may be represented by an attorney
at the hearing at their own expense and
may waive their personal appearance.
Hearings shall commence 45 days after the
arbitrator is appointed.
The arbitration is heard by a SLO County
Bar volunteer who is experienced in either
civil or criminal law, at the option of
the client. Rules of Procedure have been
adopted by the State Bar Board of Governors
and are available on its web site: http://www.calbar.ca.gov/calbar/pdfs/MFA/feearbrules.pdf
along with excerpts from the relevant code
sections.
Each party may disqualify one arbitrator
without cause and shall have unlimited challenges
for cause. Any relevant evidence shall be
admitted if it is the sort of evidence on
which responsible persons are accustomed
to rely in the conduct of serious affairs,
regardless of the existence of any common
law or statutory rule to the contrary.
Decisions are made 15 days upon completion
of the arbitration hearing.
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| Is
the Fee Dispute Arbitration binding? |
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| The arbitration
is not binding unless all parties agree in
writing that it will be binding. If any party
does not agree, they may request a trial after
arbitration in a civil court within 30 days
after the arbitration award has been mailed.
If a trial is not requested within that time
period, the award automatically becomes binding
30 days after it is mailed. However, if any
party willfully fails to appear at the arbitration
hearing, that party is not entitled to a trial
after arbitration.
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| What
happens if the client wins the arbitration? |
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| If the client
is awarded a refund of previously paid fees
and/or costs, the client may request State
Bar assistance collecting the award. If an
attorney is ordered to pay a refund of fees
or costs and has not complied with that award,
the State Bar shall enforce it by placing
the attorney on involuntary inactive status
until the refund has been paid and can also
assess monetary penalties. If the attorney
is awarded fees and/or costs, he or she is
then able to commence a civil suit for damages
against the client.
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Are
there training programs available to become
a Fee
Dispute Arbitrator? |
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The State Bar
provides fee arbitrator training programs
throughout the state, which can be found at
the State Bar web site:
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Training Programs |
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Who is in charge of the San Luis Obispo County
Fee Dispute
Arbitration Program? |
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| The Vice-President
of the SLO County Bar Association is responsible
for overseeing the Mandatory Fee Arbitration
Program, which is administered by the Bar
staff. A list of volunteer arbitrators is
maintained by the SLO County Bar, but additional
arbitrators are always needed, especially
those knowledgeable in the field of family
law.
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| How
do I sign up to become a Fee Dispute Arbitrator? |
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Information to
become a member of the Fee Dispute Arbitration
Program can be obtained contacting the SLO
County Bar Association via:
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SLO County Bar
Association
Fee Dispute Arbitration Program
Post Office Box 585,
San Luis Obispo, CA 93406
Telephone: 805/541-5930 Mailbox #2
or via email at info@slobar.org
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