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 Please be aware that non-binding arbitration cases closed or withdrawn by you after assignment of the arbitrator are subject to refunds in accordance to Item #3 below.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 Telephone State Zip Fax E-mail Address City State Telephone Zip Fax 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 Name City Address State NO Zip Telephone Number 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 (If yes, please attach a copy.) NO 9. If you have been sued, did you answer the lawsuit? YES (If yes, please attach a copy.) 10. Have you filed a lawsuit against the client? YES NO 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. 1 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 Unless both you and the client agree in writing to binding arbitration, this arbitration will proceed as a nonbinding arbitration. This means that if you or the client is not happy with the award, you each have the right to ask for a new trial in civil court within 30 days from the date the award is mailed to you. If neither of you ask for a new trial in 30 days, the award automatically becomes final and binding. If you and the client both agree in writing to make the arbitration binding, a new trial may not be requested and the award will immediately become final and binding on both of you. Under the program policy, you must agree to binding arbitration unless you are disputing $10,000 or more (see line 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, you 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. 16. Arbitration filed by an attorney against a client is voluntary. Please complete the following on a separate sheet of paper: A. B. C. D. E. F. G. A brief description of the type of case. A brief chronology of the attorneys involved in the case. A description of the billing arrangements. The name of the attorney of record. Has the original suit been resolved? If so, how? Will any clients be directly affected by the arbitration? 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. 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 2 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 LACBA-Fee Arbitration Program. Please charge my credit card for $ VISA MASTERCARD Credit Card Number AMEX 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. FOR OFFICE USE ONLY Atty/Client pet Rev. 06/2014 3 ATTORNEY-CLIENT MEDIATION & ARBITRATION SERVICES PROGRAM FILING FEE RULE ADDENDUM 14. FEES AND REQUESTS FOR WAIVER OF FILING FEES IN CASES SUBJECT TO MANDATORY ARBITRATION (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 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 $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) Any party requesting mandatory arbitration that is financially unable to pay the filing fee may apply for a waiver of the filing fee. An application for waiver of the filing fee shall be made in writing on the Arbitration Committee’s form. Program staff will apply fee waiver criteria to grant or deny the application or reduce the filing fee, and may allow the petitioner additional time in which to pay the filing fee, but that period of time shall not exceed 90 days without consent of all other parties subject to the approval of the Executive Director or his/her designee. The program staff shall communicate the decision in writing to all parties. A fee waiver decision made by the Executive Director or his/her designee may be appealed to a panel of no more than 2 program Vice Chairs designated by the Chair on an annual basis. The decision of the Vice Chair shall be final. (d) An application for waiver of the filing fee shall accompany a completed and executed petition for mandatory, binding arbitration. No party shall be required to respond until the application for waiver of the fees has been decided. (e) If petitioner is required to pay all or part of the fee and fails to pay the sum in full within the time provided in the Vice Chairperson’s decision (or if no time is provided, within 30 days after service of the Vice Chairperson’s decision), then the petition shall be dismissed without prejudice. (f) If the petitioner’s request for a fee waiver is granted or the fee is reduced, the petitioner agrees to pay the amount waived or reduced to the extent of any refund awarded. 15. FILING FEE REFUND POLICY (a) No refund will be available for filing fees of $50 or less. (b) Cases closed prior to the assignment of a mediator/arbitrator will be charged 50% of the total filing fee with a minimum fee of $50. (c) Cases closed after the assignment of a mediator, sole arbitrator or arbitrator panel will be charged 75% of the total filing fee with a minimum of $50. (d) 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. (e) If a mediation session or arbitration hearing has commenced, no refund will be made. (f) If an arbitration hearing has taken place, no refund will be made. (g) Cases closed where the petitioner is a lawyer or law firm and the respondent attorney declines arbitration, or the program determines it does not have jurisdiction, will be charged 10% of the filing fee with a minimum fee of $50. Date Signature Date Signature 4