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

CLIENT’S REQUEST TO ARBITRATE 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

CLIENT’S REQUEST TO ARBITRATE A FEE DISPUTE

1. CLIENT’S NAME: ______

Address: ______

Street City State Zip

Phone: ( ) ______E-mail: ______

2.ATTORNEY’S NAME: ______

Address: ______

Street City State Zip

Phone: ( ) ______E-mail: ______

3.When were the services performed? ______

4.What type of case is involved in the dispute (e.g. probate, adoption, bankruptcy)?

______

YES NO

5.Do you have a written fee agreement? (ATTACH A COPY) ______

Did the attorney give you a written notice of your right

to arbitrate? (ATTACH A COPY OF THE NOTICE) ______

If yes, when did you receive the notice? ______

Month/Day/Year

7.Has the attorney filed a suit to collect the fee against you? ______

If yes, have you filed an answer to the suit? ______

8.Have you filed a civil lawsuit against your attorney? ______

9.How much is the attorney claiming you owe?$______

10.How much do you think the fee should be?$______

11.Subtract line 10 from line 9 and enter the difference.$______

This is the AMOUNT IN DISPUTE.

12.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.

YES NO

I will be represented by counsel at the arbitration. ______

Arbitration attorney’s name: ______

Address: ______Phone: ______

Effect of arbitration:

Advisory Arbitration: According to Article 13 of the Business and Professions Code,

Advisory Arbitration means that if either you or the attorney is not satisfied with the arbitrator(s) award, you may ask the court for a hearing within 30 days of the date that the arbitrator(s) recommended settlement is mailed to you. If a request for a hearing is not made within 30 days of the decision, the award automatically becomes binding.

Binding Arbitration: If you and the attorney BOTH agree in writing to make the arbitration BINDING, a hearing (new trial) may not be requested and the award will immediately become final and binding for both of you. No appeal or further proceeding will be available or possible.

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 ___

19.Awards:

Within the award, recovery of any filing fee for the arbitration may be allocated between the parties. The arbitrator’s award may not provide for an award to either party of attorneys’ fees incurred in the prosecution or defense of the fee arbitration proceeding. Although arbitrators have no authority to award damages or reduce the fee to compensate for other losses incurred by the client, evidence may be heard regarding a claim of the attorney’s mishandling of a case to determine whether the fee charged for the ultimate services rendered was fair. Arbitrators are empowered to award a refund to the client of any prepaid fees the arbitrator should find were not earned.

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 Client’s signature

Revised 7/13