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FREQUENTLY ASKED QUESTIONS

RULES, STATUTES, & FORMS

INFO FOR ARBITRATORS

VOLUNTEER (for attorneys)

 

 

The Fee Arbitration Program provides clients and attorneys with a simple method to resolve fee disputes without going to court.

For the Client 

Clients can use the program with or without the assistance of an attorney. 

Client's Right to Arbitrate

The attorney must serve the client with a Notice of Client's Right to Arbitrate either before or at the time of filing a suit or any other proceeding (including arbitration in another forum) for the recovery of fees or costs or both. If the attorney does not serve the client with the Notice, it is grounds to dismiss the action. If the attorney serves the client with a notice that does not substantially comply to the Notice approved by the State Bar, that is also grounds to dismiss the action. Download the Notice of Client's Right to Arbitrate.

Client's Waiver of Right to Arbitrate
A client waives the right to arbitration (assuming that the client has received the proper Notice) by either filing an answer in a suit or other proceeding, or by not requesting arbitration within 30 days from the date that the client received the Notice of Client's Right to arbitrate.

ACCESS FORMS & INFORMATION >>  

FREQUENTLY ASKED QUESTIONS >> 

 

FEE ARB CLIENT WORKSHOP [VIDEO]>>



For the Attorney

If you are an attorney seeking to use the Fee Arbitration Program to resolve a fee dispute with a client, please see the information below and review the Notice of the Client's Right to Fee Arbitration. For additional information on filing a fee arbitration or how the program works, click below.

Mandatory Participation
California Business and Professions Code sections 6200 to 6206 govern fee arbitration. Section 6200 provides that when a client requests fee arbitration, the attorney is required to participate. As of January 1997, an attorney can compel a client to arbitrate if the fee agreement includes an arbitration clause.


FREQUENTLY ASKED QUESTIONS >> 

BROWSE RULES OF PROCEDURE >> 

BROWSE CODE PROVISIONS FOR ARBITRATION >>

SAMPLE FEE AGREEMENTS >> 


The Fee Arbitration Program is always in need of attorney arbitrators.  Find out more information on becoming a Fee Arbitrator or Mediator.    




For more information, if you have questions, or if you are an attorney and would like to become a fee arbitrator, contact the Fee Arbitration Coordinator, Irene Cortez or call (408) 287-2557.

 




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