NPetition for Arbitration - Los Angeles County Bar Association



Attorney-Client Petition for Arbitration

Los Angeles County Bar Association

Attorney-Client Mediation & Arbitration Services

P.O. Box 55020

Los Angeles, CA 90055-2020

(213) 896-6426

Thank you for requesting arbitration of your fee dispute through the Los Angeles County Bar Association’s Attorney Client Mediation and Arbitration Services Program. Below you will find important information about arbitration. Please read it carefully and follow any instructions or you may lose your right to arbitrate your dispute.

The fee dispute program charges a filing fee to partially offset the administrative costs. The filing fee is due when you file your petition for arbitration. The following is the filing fee schedule:

$50 plus 5% of the amount in dispute for disputes up to $9,999

6% of the amount in dispute for disputes up to $19,999

7% for disputes $20,000 and over, with a $5,000.00 dollar maximum.

You can ask the arbitrator to award you the filing fee if he finds in your favor. The arbitrator may or may not grant your request.

In an arbitration filed by an attorney, the program cannot enforce a “binding clause” in a retainer agreement. Under Business & Professions Code 6204 (a), the parties may agree in writing to binding arbitration after the dispute arises. We will close the file if we do not receive written consent from both parties in a voluntary arbitration.

If you did not receive the Attorney Client Mediation and Arbitration program rules, you may contact our office to request a copy at the number given above.

Parties have the option of resolving fee disputes through mediation.   Mediation is a private, voluntary process in which a neutral party assists the disputing parties in obtaining a mutually agreeable outcome. Please refer to the enclosed pamphlet for information on fee mediation.

Before filing your petition, please ensure all efforts to resolve the dispute have been made and that you are aware of the program’s refund policy. Please be aware that non-binding arbitration cases closed or withdrawn by you after assignment of the arbitrator are subject to refunds in accordance to Item #3 below. (See below)

The refund policy is as follows:

1) The Arbitration Committee will retain a $50 non-refundable fee on all cases filed. No refund is available for filing fees of $50 or less.

2) If a case closes prior to the assignment of a mediator or arbitrator, the Arbitration Committee will retain 50% of the total filing fee with a $50 minimum.

3) In cases closed after the assignment of a mediator, sole arbitrator, or arbitrator panel, the Arbitration Committee will retain 75% of the total filing fee with a $50 minimum.

4) No refund will be made on a case where an arbitration hearing date has been scheduled by the sole arbitrator or arbitrator panel, or a mediation session date has been scheduled by the mediator, unless LACBA receives written notice of settlement or withdrawal of the arbitration or mediation no later than 10:00 a.m. on the business day preceding the date set for the arbitration hearing or mediation session.

5) If a mediation session or arbitration hearing has commenced, no refund will be made.

6) In cases closed where the petitioner is a lawyer or law firm and the respondent attorney declines arbitration, or the Arbitration Committee determines it does not have jurisdiction, the Arbitration Committee will retain 10% of the filing fee with a minimum of $50 dollars.

Attorney-Client Petition for Arbitration

Los Angeles County Bar Association

Attorney-Client Mediation & Arbitration Services

P.O. Box 55020

Los Angeles, CA 90055-2020

(213) 896-6426

1. Attorney: 2. Client:

Name of Individual Name

Law Firm Name Name

Address Address

City State Zip City State Zip

Telephone Fax Telephone Fax

E-mail Address E-mail Address

Attach an additional sheet with names, addresses, and telephone numbers of additional clients and attorneys, if needed.

3. Do you have an attorney that will represent you for this arbitration? ( YES ( NO

Name City State Zip

Address Telephone Number Email Address

4. Are you interested in submitting your dispute to fee mediation? ( YES ( NO

5. How much is the total fee charged or did the attorney bill?

6. How much of the fee has been paid?

7. How much of the fee is in dispute? (Please give a specific amount.)

8. Has a lawsuit been filed to collect this fee? ( YES ( NO

(If yes, please attach a copy.)

9. If you have been sued, did you answer the lawsuit? ( YES ( NO

(If yes, please attach a copy.)

10. Have you filed a lawsuit against the client? ( YES ( NO (If yes, please attach a copy.)

11. Did you serve the client with a “Notice of Client’s Right to Arbitrate”? ( YES ( NO

If yes, when did you serve it? Date Received Please attach a copy.

12. Did you and the client have a written agreement? ( YES ( NO (If yes, please attach a copy.)

13. Were the fees court ordered or set by law? ( YES ( NO

14. Binding Arbitration

For the arbitration to be binding, both you and the client must agree in writing to binding arbitration. Therefore, if you have requested binding arbitration but the client requests non-binding arbitration, the matter must proceed as a non-binding arbitration. In a non-binding arbitration, if either you or the client is not satisfied with the award, either of you has the right to ask for a new trial (or new arbitration if arbitration is required by an applicable engagement agreement) of the dispute in civil court (or before a new arbitrator if required by an applicable engagement agreement) within 30 days from the date the award is mailed to you. If neither of you ask for a new trial (or arbitration where arbitration is required) in 30 days, the award automatically becomes final and binding.

ACMAS Rules for Conduct of Mandatory Arbitration of Fee Disputes will govern the arbitration. Pursuant to Rule 28, and at the discretion of the sole arbitrator, or the panel by majority vote, all LACBA arbitration hearings may take place in face to face sessions, by online videoconferencing, or by telephone.

If you and the client both agree in writing to make the arbitration requested by this Petition binding, a new trial or arbitration may not be requested, and the award will immediately become final and binding on both of you.

Under the program’s policy, you must agree to binding arbitration unless you are disputing $10,000 or more (see section #7).

I agree to binding arbitration of this dispute.

My dispute is for more than $10,000 and I do not agree to be bound by the award in this

matter. I understand that the award will automatically be binding 30 days after it is

served, if I do not file an appropriate petition in the court.

15. You are entitled to designate an arbitrator who practices civil or criminal law to hear your dispute (however, your choice must match the type of law in the matter the attorney represented you in). Please check one of the boxes below:

I do not have a preference.

My case involved civil law and I request an arbitrator who practices civil law.

My case involved criminal law and I request an arbitrator who practices criminal law.

By checking this box, I understand and agree that should the hearing exceed four hours, compensation of each arbitrator(s) at the rate of $175 per hour shall be shared equally by the parties (Rule 42 (a)).

16. Arbitration filed by an attorney against a client is voluntary. Please complete the following on a separate sheet of paper:

A. A brief description of the type of case.

B. A brief chronology of the attorneys involved in the case.

C. A description of the billing arrangements.

D. The name of the attorney of record.

E. Has the original suit been resolved? If so, how?

F. Will any clients be directly affected by the arbitration?

G. Briefly state the nature of the fee dispute and your argument.

Please attach copies of any relevant documents.

H. What are the issues to be raised and resolved by arbitration?

17. When did you stop representing the client?

Month Day Year

18. Pursuant to the ACMAS Rules for Conduct of Mandatory Arbitration of Fee Disputes, notices may be served electronically to the email addresses of record. You must ensure that your email client accepts service from arbitration staff using and your assigned solo arbitrator, arbitration panel chair, or mediator, and are responsible for frequently checking your junk or spam mail for all notices. IF YOU DO NOT CONSENT TO SERVICE 0F DOCUMENTS ELECTRONICALLY, CHECK HERE:

19. Filing Fee

An explanation of our filing fee and refund policy is on the cover sheet of this form. You may contact the program office if you need assistance with the calculation of the filing fee. To confirm that you have read and understand the filing fee and refund policy, please sign, date the following page, and return it.

YOU MUST NOTIFY THE LOS ANGELES COUNTY BAR ASSOCIATION IF THE AMOUNT OF TOTAL FEES CHARGED OR ALLEGED TO HAVE BEEN CHARGED, BY THE ATTORNEY CHANGES AND PAY ANY ADDITIONAL FILING FEES ASSOCIATED WITH THE INCREASE BEFORE THE CASE WILL PROCEED TO HEARING. THE PARTY WHO REQUESTED THE INCREASE WILL PAY THE ADDITIONAL FEES DUE.

Please enter the amount of your filing fee here:

Method of Payment:

Check in the amount of $ made payable to Los Angeles County Bar Association or LACBA.

Please charge my credit card for $

VISA MASTERCARD AMEX

Credit Card Number Expiration Date Authorized Signature

I/We agree to submit this dispute to the Los Angeles County Bar Association’s Attorney-Client Mediation and Arbitration Services Committee for hearing and decision and award. I agree to abide by the rules of this Committee. I declare under penalty of perjury under the laws of the State of California that my statements on this request and any attachments are true and correct.

Signatures (of all parties requesting arbitration):

Date Signature

Date Signature

Please return the original and three copies to:

Attorney-Client Mediation & Arbitration Services

Los Angeles County Bar Association

P.O. Box 55020

Los Angeles, CA 90055-2020

IF THIS DOCUMENT IS FAXED, WE MUST RECEIVE THE ORIGINAL WITHIN 5 DAYS OR YOUR REQUEST WILL NOT BE CONSIDERED.

Atty/Client pet Rev. 08/2021

ATTORNEY-CLIENT MEDIATION & ARBITRATION SERVICES PROGRAM

FILING FEE RULE ADDENDUM

10. FILING FEES

a) The Board of Trustees of the Los Angeles County Bar Association establishes the filing fee schedules. The schedules may be obtained by contacting the fee arbitration program staff.

b) The filing fee schedule for arbitration is based on the amount in dispute, except as to arbitrations conducted on behalf of the Lawyers Referral Service of the Los Angeles County Bar Association as set out below in paragraph (d). Otherwise, the fee schedule is as follows:

i) Fifty dollars plus five percent (5%) of the amount in dispute when the total amount in dispute is less than $10,000.

ii) Six percent (6%) of the amount in dispute when the total amount in dispute is $10,000 or more but less than $20,000.

iii) Seven percent (7%) of the amount in dispute when the total amount in dispute is $20,000 or more, with a $5,000 maximum filing fee.

c) If petitioner fails to pay the sum in full, then the petition shall be dismissed without prejudice.

d) In all matters initiated by or on behalf of the Lawyers Referral Service, the fees to be charged shall be those fees as set out in rules for the Attorney Client Arbitration Program (ACAP), which fee schedules shall be applied on the appointment of either a single, or panel of arbitrators, depending on the amount in controversy pursuant to these voluntary rules. However, the initial filing fee of $500 as set forth in ACAP Rules shall be waived for any cases initiated by LRS against any attorney who is a member of LRS. However, the fees for the sole arbitrator, or panel of arbitrators, shall not otherwise be discounted from those set forth in the ACAP Rules and schedule of arbitrator fees. LRS shall be ultimately responsible for the payment of all arbitrator fees for those matters, but the sole arbitrator or panel of arbitrators, will retain jurisdiction to apportion said fees, if requested by the parties. The provisions of paragraph 11 hereunder shall not apply to any LRS arbitrations. In those cases, the sole arbitrator or panel of arbitrators shall be compensated at their stated rates for all services performed in any LRS arbitration proceeding.

11. FILING FEE REFUND POLICY

The program will retain a $50 non-refundable fee on all cases filed. No refund is available for filing fees of $50 or less.

a) If a case closes prior to the assignment of a mediator or arbitrator, the program will retain 50% of the total filing fee with a $50 minimum.

b) In cases closed after the assignment of a mediator, sole arbitrator or arbitrator panel, the program will retain 75% of the total filing fee with a $50 minimum.

c) No refund will be made on a case where an arbitration hearing date has been scheduled by the sole arbitrator or arbitrator panel, or a mediation session date has been scheduled by the mediator, unless ACMAS receives written notice of settlement or withdrawal of the arbitration or mediation no later than 10:00 a.m. on the business day preceding the date set for the arbitration hearing or mediation session.

d) If a mediation session or arbitration hearing has commenced, no refund will be made.

e) Incases closed where the petitioner is a lawyer or law firm and the respondent attorney declines arbitration, or the Arbitration Committee determines it does not have jurisdiction, the Arbitration Committee will retain 10% of the filing fee with a minimum of $50 dollars.

Date Signature

Date Signature

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