Attorney-Client Petition for Arbitration Los Angeles County Bar Association

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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withdrawn by you after assignment of the arbitrator are subject to refunds in accordance to Item #3 below.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.
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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
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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
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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
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