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Part VI - Fee Arbitration
PREAMBLE
The purpose of this program is to provide a convenient mechanism for (1) the resolution of disputes between lawyers and clients over fees, (2) the resolution of disputes between lawyers in connection with the withdrawal of a lawyer from a partnership or the dissolution and separation of a partnership, or (3) the resolution of disputes between lawyers concerning the entitlement to portions of fees earned from joint services. It is a process which may be invoked by either side after the parties have been unable to reach an agreement between themselves. Regardless of whether it is the lawyer or the client who takes the initiative of filing a petition requesting arbitration of the disputes, the petitioner must agree to be bound by the result of the arbitration. This is intended to discourage the filing of complaints which are frivolous or which seek to invoke the process simply to obtain an "advisory opinion". If the respondent also agrees to be bound, the resulting arbitration award will be enforceable under the general arbitration laws of the State.
A unique feature of this program provides that where the petitioner is a client whose claim after investigation appears to warrant a hearing, and the respondent lawyer refuses to be bound by any resulting award, the matter will not be dismissed, but an ex parte arbitration hearing may be held. If the outcome of this hearing is in the client's favor, the State Bar will provide a lawyer at no cost, other than actual litigation expenses, to the client to represent the client in subsequent litigation to adjust the fee in accordance with the arbitration award. This is intended to relieve the client of the burden of paying a second lawyer to recover fees determined to have been excessively charged by the first lawyer.
CHAPTER 1 COMMITTEE ON RESOLUTION OF FEE DISPUTES
Rule 6-101. Committee
Rule 6-102. Membership
Rule 6-103. Terms
Rule 6-104. Responsibility
Rule 6-105. Staff
Rule 6-106. Waiting Period
CHAPTER 2 JURISDICTIONAL GUIDELINES
Rule 6-201. Jurisdiction
Rule 6-202. Termination or Suspension of Proceedings
Rule 6-203. Revocation
CHAPTER 3 SELECTION OF ARBITRATORS
Rule 6-301. Roster of Arbitrators
Rule 6-302. Neutrality of Arbitrators
Rule 6-303. Selection of Arbitrators
Rule 6-304. Qualifications
Rule 6-305. Compensation
CHAPTER 4 RULES OF PROCEDURE
Rule 6-401. Time and Place of Hearing
Rule 6-402. Attendance at Hearing
Rule 6-403. Counsel
Rule 6-404. Stenographic Record
Rule 6-405. Death, Disability, or Resignation of Arbitrator
Rule 6-406. Discovery and Witnesses
Rule 6-407. Adjournments
Rule 6-408. Oaths
Rule 6-409. Order of Proceedings
Rule 6-410. Arbitration in the Absence of a Party
Rule 6-411. Evidence
Rule 6-412. Written Contract
Rule 6-413. Closing of Hearings
Rule 6-414. Reopening of Hearings
Rule 6-415. Waiver of Rules
Rule 6-416. Waiver of Oral Hearings
Rule 6-417. Award
Rule 6-418. Time of Award
Rule 6-419. Form of Award
Rule 6-420. Award Upon Settlement
Rule 6-421. Delivery of Award to Parties
Rule 6-422. Communication with Arbitrators
Rule 6-423. Interpretation and Application of Rules
CHAPTER 5 POST DECISION ACTIVITY
Rule 6-501. Where Both Parties Agree
Rule 6-502. Where Lawyer Refuses to be Boun
CHAPTER 6 SPECIAL PROCEDURES
Rule 6-601. Special Case Procedure
CHAPTER 7 CONFIDENTIALITY