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| Getting
Started - Attorneys |
Notice Requirements- Please
see the Local
Programs page and click on the judicial district for
the county in which the majority of the legal services in
your case were performed.
There
you can download a complete packet of forms. |
| 1. No
prior written agreement between the attorney and client
concerning fee disputes: |
137.6
(a) (1) provides that except as set forth in §137.6
(a) (2) , where the attorney and client cannot
agree as to the attorney's fee, the attorney shall forward
a written notice to the client, entitled "Notice
of Client's Right to Arbitrate," by certified mail
or by personal service. |
| The
notice: |
| (i.) |
shall be in a form approved
by the Board of Governors; |
| (ii.) |
shall contain a statement
of the client's right to arbitrate; |
| (iii.) |
shall advise that the
client has 30 days from receipt of the notice in which to
elect to resolve the dispute under this Part; |
| (iv.) |
shall be accompanied
by the written instructions and procedures for the arbitral
body having jurisdiction over the fee dispute, which explain
how to commence a fee arbitration proceeding; and |
| (v.) |
shall be accompanied
by a copy of the "request for arbitration" form necessary
to commence the arbitration proceeding. |
| 2.
Prior Written Agreements Between the Attorney and Client
under Section 137.2 |
See
Section 6. B. 1-5 “The Fee Dispute Resolution Process” of
the Standards & Guidelines for
notice requirements. |
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Administration
