Useful Resource for Mandatory Fee Arbitration

     The California State Bar offers a useful collection of “Arbitration Advisories” that I wanted to share with my readers.  These advisories come with the following disclaimer:

     “Points of view or opinions expressed in this document are those of the Committee on Mandatory Fee Arbitration. They have not been adopted or endorsed by the State Bar’s Board of Trustees and do not constitute the official position or policy of the State Bar of California.”

2012-03
Handling Legal Malpractice Claims and Ethical Issues During Arbitration

2012-02
Arbitration Agreements (Supercedes 2004-01)

2012-01
Voidability of Fee Agreements (Supercedes 1996-04)

2011-02
Statute of Limitations for Fee Arbitrations (Supercedes 1996-02)

2011-01
Enforcement of Non-Refundable Retainer Provisions (Supercedes 2001-02)

2010-01
Arbitration of Loan Modification Fee Disputes

2009-01
The Arbitrator’s Role in Accepting Settlement Agreements As Stipulated Awards

2008-02
Authority to Compel Compliance with Third-Party Subpoena

2008-01
Timing of Agreements to Binding Fee Arbitration

2007-02
Preservation of Client Confidences in Arbitrations Involving Parties Other Than The Client

2007-01
Arbitral Immunity

2005-02
Resisting Attempts to Subpoena Fee Arbitrators or Fee Arbitration Documents

2005-01
Jurisdiction of the Mandatory Fee Arbitration Program to Determine the Existence of an Attorney-Client Relationship

2004-01
Arbitration Agreements (Superceded by 2012-02)

2003-03
Awarding Program Filing Fees
 003-02
The Amendment or Supplementation of Arbitration Awards (Supercedes 2000-01)

2003-01
Detecting Attorney Bill Padding

2002-01
Imposition of Sanctions by Arbitrators in Conducting Fee Arbitration Matters

2001-02
Enforcement of ‘Non-Refundable’ Retainer Provisions (Superceded by 2011-01)

2001-01
Impact of the Truth in Lending Act and Retain Installment Sales Act Upon Attorney-Client Fee Disputes

2000-01
The Amendment or Supplementation of Arbitration Awards. (Superceded by 2003-02)
11/3/2000

1998-03
Determination of a ‘Reasonable’ Fee
6/23/1998

1998-02
Required Accommodations for Fee Arbitration Participants with Disabilities

1998-01
Impact of Arbitration Clauses in Fee Agreements Upon Client’s Right to Mandatory Fee Arbitration

1997-03
Fee Arbitration Issues Involving Contingency Fees

1997-02
Handling a Request for Arbitration When a Party Files for Bankruptcy

1997-01
Disclosures To Be Made by Arbitrators to Parties

1996-05
Arbitrator’s Role in Settlements at Time of Hearing

1996-04
Voidability of Fee Agreements (Superceded by 2012-01)

1996-03
Burden of Proof in Fee Arbitrations

1996-02
Statute of Limitations for Fee Arbitrations (Superceded by 2011-02)

1996-01
Records Retention

1995-02
Standards for Attorney Fee Billing Statements

1995-01
Disclosure Required of Fee Arbitrators by CCP 1281

1994-04
Identification of ‘Individual Responsible Attorney’ in Fee Arbitration Awards
 1994-03
Avoiding Arbitrator Bias

1994-02
Jurisdiction to Arbitrate Court Ordered Fees

1994-01
Avoiding Arbitrator and Administrator Bias

1993-02
Standard of Review in Fee Disputes Where There Is a Written Fee Agreement

1993-01
Awards of Interest by the Arbitrator