Reply to Petition to Arbitrate (Client Attorney)

Transcript

1 ORANGE COUNTY BAR ASSOCIATION MANDATORY FEE ARBITRATION COMMITTEE Post Office Box 6130, Newport Beach, California 92658 Telephone: 949-440-6700 Facsimile: 949-440-6710 In the Matter of the Arbitration of OCBA CASE NO.: PETITIONER REPLY TO PETITION TO ARBITRATE A FEE DISPUTE and (Client - Attorney Petition) RESPONDENT th clients concerning fees to arbitration. The Orange County B ar California state law requires that attorneys submit disputes wi Association (OCBA) maintains a Mandatory Fee Arbitration Commit tee which will hear and decide such fee disputes. ion proceeding, please accurately and clearly complete this for To respond to the petition filed in this mandatory fee arbitrat m. Provide ay cause delay in processing your reply. Replies which requested information. Omission of any required information m all are unsigned or undated will not be processed. This form is to be completed by Attorney. Before submitting this reply, attorneys are urged to provide an itemized statement of services rendered ith their client. and costs incurred to the client and to discuss the statement w PLEASE TYPE OR PRINT LEGIBLY 1. Respondent - Attorney Please provide the following information concerning the attorne y who is the subject of the fee dispute: Name of Attorney: Name of Law Firm: Day Telephone: Eve Telephone: Facsimile: Street: City: State: Zip: of the individual attorney who you believe is the “responsible” If Attorney is a member of a law firm, please provide the name attorney in this fee dispute. For example, the “responsible” a ttorney may be the attorney who rendered legal services or the e dispute. If you believe more than one attorney is the “respo attorney supervising the legal matter which resulted in this fe nsible” attorney, please list all attorneys. SBN: Name of Individual Attorney: SBN: Name of Individual Attorney: SBN: Name of Individual Attorney: OCBA (mfa.018) Page 1 REPLY TO PETITION TO ARBITRATE (rev. 03/19/2019) (Client - Attorney Petition)

2 2. Respondent Attorney’s Arbitration Attorney please provide the following information concerning that attor If you will be represented by an attorney in these proceedings, ney: Name of Attorney: Name of Law Firm: Day Telephone: Eve Telephone: Facsimile: Street: City: State: Zip: 3. Written Fee Agreement t, engagement agreement). If Attorney is currently in YES, Client signed a written fee agreement (retainer agreemen possession of any such agreement, attach a copy to this petitio n. NO, Client did not sign any such written fee agreement. 4. Referral Service Association Lawyer Referral and Information Service YES, Client was referred to Attorney by the Orange County Bar (LRIS). NO, Client was not referred to Attorney by LRIS. 5. Pending Lawsuit or Arbitration to Collect Attorney’s Fees and Costs is YES, Attorney has filed a lawsuit or other arbitration procee ding against Client to recover fees which are the subject of th fee arbitration proceeding. n proceeding against Client. NO, Attorney has not filed such a lawsuit or other arbitratio 6. Notice of Arbitration Rights A copy of s fee arbitration rights. ’ was sent to Client informing Client of Client ’ YES, a Notice of Client s Right to Arbitration the notice and proof of service is attached to this petition. NO, no such notice informing Client of fee arbitration rights was sent to Client. 7. Description of Fee Dispute t of facts and a description of the fee dispute. Please attach On a separate sheet of paper, please provide a concise statemen relevant exhibits. 8. Amount in Dispute $ a. Enter the total amount you have billed Client to date... ... $ b. Enter the total amount you have been paid by Client to date... ... $ c. Enter the total ... amount in dispute OCBA (mfa.018) Page 2 REPLY TO PETITION TO ARBITRATE (rev. 03/19/2019) (Client - Attorney Petition)

3 9. Effect of Arbitration r(s)), then sfied with the Arbitration Award (the decision of the Arbitrato Advisory Arbitration. If either Client or Attorney is not sati a trial de novo ) within thirty (30) days from the date that the Arbitration Client or Attorney may petition the court for a court hearing ( etition for a court hearing within the thirty (30) day period, the Advisory Award is mailed to Client and Attorney. If either party does p Arbitration Award will be without legal effect. CAUTION : Advisory arbitration becomes final and binding on all parties thirty (30) days after the date the Arbitration Award is mailed to Client a nd to Attorney unless a petition is properly filed in court prior to the expiration of the thirty (30) day period. tration Binding Arbitration. If both Client and Attorney agree that th e arbitration may proceed as Binding Arbitration, then the Arbi o ourt hearing or appeal-are permitted. If Client and Attorney d and no further proceedings-no c Award becomes immediately final not both agree to Binding Arbitration, the arbitration proceedi ngs will be Advisory Arbitration. Attorney agrees to Binding Arbitration or Advisory Arbitration. 10. Number of Arbitrators If the amount in dispute is $10,000.00 or less, the matter will be assigned to one (1) Arbitrator. If the amount in dispute is over $10,000.00, the matter will be assigned to a panel of three (3) Arbitrators (at least one of whom will be a non-attorney) unless the parties agree to have the matter heard by one (1) arbitrat or. Three (3) Arbitrators. one (1) Arbitrator or Attorney agrees to 11. Mediation ry to Please read the information included with this packet regarding mediation. Please indicate below whether or not you wish to t their that allows the parties themselves to achieve a settlement of resolve this dispute through mediation. Mediation is a process dispute. The mediation will not decide the dispute. The media eeable tor’s role is to assist the parties in coming to a mutually agr settlement. Mediation is a consensual process and requires bot h parties to compromise. If the client does not also agree to mediation, this dispute will be arbitrated. If the parties are unable to resolve their dispute through mediation, the matter will proceed to arbitration, an arbitrator will be appointed and a h earing date scheduled. YES, I would like to try to resolve this dispute through media tion before proceeding to arbitration. NO, I would not like to try to resolve this dispute through me diation before proceeding to arbitration. 12. Basis of Arbitrator Awards In general, Arbitrators are to decide whether the services prov ided by an attorney were necessary and whether the fees charged for services were reasonable. Factors which may be considered when making an award (a decision) include, but are not limited to: xity of the nature of the fee arrangement, the reasonable value of the attorney’s services, the experience of the attorney, the comple the legal matter, the diligence of the attorney in pursuing the legal matter, and the result obtained. 13. Replying to the Fee Arbitration Petition , Attorney must: To respond to the petition filed in this arbitration proceeding . (1) Complete and personally sign the original Reply to Petition to Arbitrate a Fee Dispute and all attachments to Reply to Petition to Arbitrate a Fee Dispute (2) Return the original and three (3) copies of the mittee at the following address: the Orange County Bar Association Mandatory Fee Arbitration Com Orange County Bar Association Mandatory Fee Arbitration Committee Post Office Box 6130 Newport Beach, California 92658 Send a copy of the Reply to Petition to Arbitrate a Fee Dispute and all attachments to Client who filed the petition. (3) Reply to Petition to Arbitrate a Fee Dispute and all attachments may be sent to Client by first class mail. The (See next page) OCBA (mfa.018) Page 3 REPLY TO PETITION TO ARBITRATE (rev. 03/19/2019) (Client - Attorney Petition)

4 By signing this Reply to Petition to Arbitrate a Fee Dispute , I certify that I have read and understand this Reply to Petition to Arbitrate a Fee Dispute and the Rules of Conduct for Mandatory Fee Arbitration. Prior to filing this Reply to Petition to , I attempted to resolve this fee dispute to the best of my abi Arbitrate a Fee Dispute lity. recited herein are true and correct. I hereby declare that the facts, circumstances and information Reply to Petition to Arbitrate a Fee Dispute , I sent a copy of the reply and all attachments by first class mail to Prior to filing this Client or their attorney. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ATTORNEY’S SIGNATURE DATE REPLY SIGNED IGNED ATTORNEY’S SIGNATURE (If more than one attorney) DATE REPLY S ATTORNEY’S SIGNATURE (If more than one attorney) IGNED DATE REPLY S ATTORNEY’S SIGNATURE (If more than one attorney) DATE REPLY S IGNED OCBA (mfa.018) Page 4 REPLY TO PETITION TO ARBITRATE (rev. 03/19/2019) (Client - Attorney Petition)

5 Attachment 7: Description of Fee Dispute On a separate sheet of paper, please provide a concise statemen t of facts and a description of the fee dispute. Please attach relevant exhibits. (If you need additional space, please continue on a separ ate sheet of paper. Please write legibly or type.) _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ _______________________________________________________________ ______________________ ______________________ _______________________________________________________________ _______________________________________________________________ ______________________ ______________________ _______________________________________________________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ ______________________ _______________________________________________________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ ______________________ _______________________________________________________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ _______________________________________________________________ _______________________________________________________________ ______________________ _______________________________________________________________ ______________________ OCBA (mfa.018) Page 5 REPLY TO PETITION TO ARBITRATE (rev. 03/19/2019) (Client - Attorney Petition)

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