Monterey County Bar Association & Lawyer Referral Service
2620 Colonel Durham Drive
Seaside, ca93955
Tel. (831) 582-5400 Fax. (831) 582-5401
Lawyer Referral Service (831) 582-3600
ATTORNEY’S REQUEST FOR ARBITRATION OF A FEE DISPUTE
TO BEGIN ARBITRATION YOU MUST:
- Fill out this form and mail it to:
Monterey County Bar Association
2620 Colonel Durham Drive
Seaside, CA93955
2.Attach a check or money order made out to the “Monterey County Bar
Association” in the amount of:
$100 for disputes less than $ 5,000
$250 for disputes of $5,000 or more but less than $10,000
$500 for disputes of $10,000 or more but less than $15,000
$1000 for disputes of $15,000 or more but less than $25,000
5% of the amount in dispute for amounts over $25,000, with a
maximum fee of $7,500
For each dispute, the Program shall assign an attorney arbitrator from the program’s roster of fee arbitrators. A three-person panel of arbitrators, one of which shall be a lay person, will be appointed only in cases in which the amount in controversy equals or exceeds $25,000. If the amount of the dispute is $25,000 or more, the parties may agree, in writing, to have the matter heard by a single attorney arbitrator.
Monterey County Bar Association
ATTORNEY’S REQUEST FOR ARBITRATION OFA FEE DISPUTE
1. ATTORNEY’S NAME:______
Address: ______
Street City State Zip
Phone: ( ) ______E-mail: ______
2.CLIENT’S NAME: ______
Address: ______
Street City State Zip
Phone: ( ) ______E-mail: ______
3.When did the legal services begin? ______
4.When did the legal services end? ______
5.What county were most of the legal services provided in? ______
6.What type of case is involved in the dispute (e.g. probate, adoption, bankruptcy)?
______
YES NO
7.Do you have a written fee agreement with the client? ______
(If yes, attach a copy.)
8. Have you filed a lawsuit against the client to collect the fees? ______
(If yes, attach a copy of the Complaint.)
9.If you filed a lawsuit, has the client answered it? ______
10.Were the fees ordered by the court or set by law? ______
(If yes, explain on a separate sheet.)
11.What is the total amount of the fee charged?$______
12.How much of the fee has the client paid?$______
13.Subtract line 12 from line11 and enter the difference.$______
This is the AMOUNT IN DISPUTE.
14.NON REFUNDABLE FILING FEE$______
Attach check or money order payable to MCBA
(See fee schedule on Page 1 for filing fee amount)
- Provide a brief description of the fee dispute (use additional sheets if necessary)
______
______
______
______
- Number of arbitrators:
If the amount is controversy is for $24,999 or less, the dispute is heard by one attorney arbitrator. If the amount in controversy equals or is in excess of $25,000,
a three-person panel of arbitrators, one of which shall be a lay person, will be appointed. If the amount in dispute is $25,000 or more, the parties may agree, in writing, to have the matter heard by a single attorney arbitrator.
Do you agree to one arbitrator?YES NO
______
YES NO
- I will be represented by counsel at the arbitration. ______
Arbitration attorney’s name: ______
Address: ______Phone: ______
- Effect of arbitration:
Unless both you and the client agree in writing to BINDING ARBITRATION, the arbitration is NON-BINDING. This means that if you or the client are not happy with the award, either of you has the right to ask for a new trial in a civil court within 30 days from the date the award is mailed toyou. If neither of you ask for a new trial in 30 days, the award automatically becomes final and binding on both of you.
- Choice: (check one)
I want Advisory Arbitration ______I want Binding Arbitration ______
- You have the right to indicate a preference for a civil or criminal attorney as your
arbitrator, if you have a preference.
Please check one: Civil Attorney ___ Criminal Attorney ___ No Preference ___
21. I, ______, declare under penalty
of perjury that I have sent this Request to Arbitrate by first class mail to:
Monterey County Bar Association
2620 Colonel Durham Drive
Seaside, CA 93955
______
Date Attorney’s signature
1
Revised 5/12