Petition for Voluntary Arbitration Los Angeles County Bar Association

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Petition for Voluntary Arbitration
Los Angeles County Bar Association
Attorney-Client Mediation and 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 AttorneyClient Mediation and Arbitration Services (ACMAS) 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 submit the 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.
We will close the file if we do not receive written consent from both parties in a voluntary arbitration.
You can ask the arbitrator to award the filing fee if the decision in your favor. The arbitrator may or may not grant your
request.
If you did not receive the Attorney-Client Mediation and Arbitration Services voluntary program rules, you may contact
our office at (213) 896-6426 to request a copy.
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 Please be aware that non-binding arbitration cases closed or withdrawn by you after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:
(a) 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.
(b) 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.
(c) 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.
(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) 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.
Petition for Voluntary Arbitration
Los Angeles County Bar Association
Attorney-Client Mediation and Arbitration Services
P.O. Box 55020
Los Angeles, CA 90055-2020
(213) 896-6426
1. Petitioner:
2. Respondent:
Name of individual
Name of individual
Law Firm Name
Law Firm Name
Address
Address
City
Telephone
State Zip
Fax
E-mail Address
City
State Zip
Telephone
Fax
E-mail Address
Attach an additional sheet with names, addresses, and telephone numbers of additional attorneys, if
needed.
3. Do you have an attorney that will represent you for this arbitration?  YES  NO
Name
Address
City
State
Zip
Telephone Number
4. Are you interested in submitting your dispute to fee mediation?  YES  NO
5. How much is the total fee involved?
6. How much of the fee has been paid?
7. How much is in dispute? (Please give a specific figure.)
8. Arbitration between attorneys is voluntary. Please complete the following on a separate sheet of
paper:
1
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?
9. Has a lawsuit been filed to collect this fee?  YES  NO
(If yes, please attach a copy.)
10. If you have been sued, did you answer the lawsuit?  YES  NO
(If yes, please attach a copy.)
11. Binding Arbitration
For arbitration to be binding, you and the other party must agree in writing to be bound by the
award. You must agree to binding arbitration if the amount in dispute is less than $10,000.
I agree to binding arbitration of this dispute.
I decline binding arbitration of this dispute.
12. Filing Fee
An explanation of our filing fee schedule and refund policies is on the back of this page. 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 and date where indicated.
Any unsigned and/or undated forms will be returned. Program staff will not assign a
mediator/arbitrator until we receive the entire filing fee.
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:
2
Method of Payment:
Check in the amount of $
made payable to LACBA-Fee Arbitration Program.
Please charge my credit card for $
VISA
Credit Card Number
MASTERCARD
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 for hearing, 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 and Arbitration Services
Los Angeles County Bar Association
P. O. Box 55020
Los Angeles, CA 90055-2020
FOR OFFICE USE ONLY
PERMISSION GRANTED FOR REPRODUCTION
Vol Pet for Arb
09/14
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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 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.
11. FILING FEE REFUND POLICY
a) 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.
b) 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.
c) 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.
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) 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.
Date
Signature
Date
Signature
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