Client Petition for Arbitration
Los Angeles County Bar Association
Attorney-Client Mediation and Arbitration Services
P.O. Box 55020
Los Angeles, CA90055
(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. 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. Please note arbitrator/mediator assignment will not occur until the entire filing fee is paid. 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 fee.
If you are unable to afford the filing fee, you may ask for a form to waive the filing fee or pay in installments.
In a mandatory 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.
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.
If you did not receive the Attorney-Client Mediation and Arbitration Services 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 partiesin obtaining a mutually agreeable result. 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 Please be aware that non-binding arbitration cases closed or withdrawn by you after assignment of the arbitrator are subject to refunds in accordance to Item #3 below.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.
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Client Petition for 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. Client:2. Attorney:
NameName of individual Attorney
NameLaw Firm Name
AddressAddress
CityStateZipCityStateZip
Telephone Fax Telephone Fax
E-mail Address E-mail Address
Person(s) that do not have an attorney-client relationship but who have agreed, in writing, to be responsible for the fee may request arbitration to dispute the fee. If you are someone that fits this description, please complete the following:
Name
Name
Address
CityStateZipTelephone Fax
Attach an additional sheet with names, addresses, and telephone numbers of additional clients and attorneys, if needed.
- Do you have an attorney that will represent you for this arbitration? YES NO
Name City State Zip
Address Telephone Number
4. Are you interested in submitting your dispute to fee mediation? YES NO
- Did the Lawyer Referral and Information Services of the Los Angeles County Bar Association refer you to the attorney? YES NO
6. How much is the total fee chargedor the attorney billed?
7. How much of the fee has been paid?
8. How much of the fee is in dispute? (Please give a specific figure.)
9. Why do you think the attorney charged too much? (Attach additional sheets, if necessary.)
10. Has a lawsuit been filed to collect this fee? YES NO N/A
(If yes, please attach a copy.)
- If you have been sued, did you answer the lawsuit? YES NO
(If yes, please attach a copy.)
- Have you filed a lawsuit against the attorney? YES NO
(If yes, please attach a copy.)
- Did you receive a notice of your right to arbitrate from the attorney? YES NO
If yes, when did you receive it? Date Received Please attach a copy.
14. Did you and the attorney have a written agreement? YES NO
(If yes, please attach a copy.)
- Were the fees court ordered or set by law? YES NO
- Binding Arbitration
For the arbitration to be binding, both you and the attorney must agree in writing to binding arbitration. Therefore, if you have requested binding arbitration but the attorney requests non-binding arbitration, the matter must proceed as a non-binding arbitration. In a non-binding arbitration, if either you or the attorney 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.
If you and the attorney both agree in writing to make the arbitrationrequested 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 line 8). If you do not want to agree to binding arbitration and you are disputing less than $10,000, please contact: The State Bar of California, 180 Howard Street, San Francisco, CA94105, (415) 538-2020.
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.
- 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.
- What was the specific type of law involved in your matter (divorce, real estate, etc.)?
- When did the attorney stop representing you? (MM/DD/YY)
20. 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:
Method of Payment:
Check in the amount of $ made payable to LACBA-Fee Arbitration Program.
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 and Arbitration ServicesFOR OFFICE USE ONLY
Los Angeles County Bar Association
P.O. Box 55020
Los Angeles, CA 90055-2020 Petition for Arbitration Rev. 7/2016
IF THIS DOCUMENT IS FAXED, WE MUST RECEIVE THE DOCUMENT WITH AN ORIGINAL SIGNATURE ON IT WITHIN 5 DAYS OR YOUR REQUEST WILL NOT BE CONSIDERED.
FOR
OFFICE
USE
ONLY
ATTORNEY CLIENT MEDIATION AND ARBITRATION SERVICES PROGRAM
FILING FEE RULE ADDENDUM
- 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 disputewhen 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 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)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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