1 ATTORNEY’S REPLY To Client’s Request for Resolution of a Fee Dispute ATTENTION: All sections of this form must be completed. Please answer every question, 1-12. • • the required number of copies will not be accepted and without will Incomplete forms or completed forms be returned . Sign and date where indicated on the last page (the individual submitting the Reply has to sign, not his/her • counsel). • Return of this form and all attachments, along with any filing fee on an the original and four (4) copies increased amount in dispute (see item 7), to: The Bar Association of San Francisco Attn: Fee Disputes Program 301 Battery Street, 3rd Floor San Francisco, CA 94111 • Failure to follow the instructions and/or not submitting this Reply form with the required copies within the time limitations could result in limiting your right to present evidence in your fee dispute. you have questions, or problems filling out • form, please contact us at 415-982-1600 or If the consult the attached Rules for definitions Please terms and clarification of [email protected] of the process.
2 ATTORNEY’S REPLY To Client’s Request for Resolution of a Fee Dispute All sections of this form must be completed. Incomplete forms or completed forms without the required number of copies will not be accepted & will be returned. Sign and date where indicated on the last page (the individual submitting the Reply has to sign, not his/her counsel). Return the original and four (4) copies of this form and all attachments (do not send originals of your supporting documents), along with any filing fee (see item 7), to: The Bar Association of San Francisco Attn: Fee Disputes Program 301 Batter y Street, 3rd Floor San Francisco, CA 94111 Failure to follow the instructions and/or not submitting this Reply form with the required copies within the time limitations could result in limiting your right to present evidence in your fee dispute. Case Name (Names of Parties) ____________________________________________________________ ype of law involved in the underlying case: __________________ T BASF Case Number: ______________ If there are other Respondents, including a different Responsible Attorney, please list their contact information on a separate sheet. They should also sign this Reply or submit their own Reply. 1. My contact information: Name: Firm: PO Box or Street Address: City, State, Zip: Email: Fax: Telephone: □ I will be represented by the following attorney in this matter: Name: Firm: PO Box or Street Address: City, State, Zip: Email: Fax: Telephone: 1
3 2. Do you have a written fee agreement? Yes □ No □ Attach a copy of the fee agreement to the original of this form and all four (4) copies. If yes: If no: Explain your verbal agreement on separate sheet. Attach a copy to this form and all four (4) copies. Did you give Client the State Bar of California’s official Notice of Client’s Right to Arbitration? 3. □ □ No Yes or If yes: When was the notice served? ____________________ ATTACH a copy of the Notice of Client’s Right to Arbitration to this form and all four (4) copies. If the Client is awarded a refund, which can include the filing fees paid to this program, who is the Attorney 4. (This must responsible for paying that refund? an individual, not a law firm.) be Responsible Attorney(s): PLEASE NOTE: While an attorney may consider the refund to be the responsibility of their law firm and not a single attorney within the law firm, the Business and Professions code 6203(d) states that an individual of the law firm must be named. 5. Disputed Amount (a) The $____________________ amount of fees billed? , of this is interest? $ What, if any The amount of fees paid? (-) $____________________ (b) The outstanding balance: $____________________ (c) 6. Filing Fees: The client has indicated an amount in dispute and paid a filing fee based on that amount. If you believe the amount in dispute is higher than indicated by the client: (a) How much are you increasing the amount in dispute by? $ (b) Provide an explanation of the increase for review by the arbitrators, with a copy attached to this form and to all four (4) copies). Additional filing fees on the increase must be paid at this time. The amount of the filing fee (c) to be paid is a percentage of the total increased amount in dispute above, with a maximum filing fee of $7,000.00 [Exception: Unless the increased amount in dispute is $1,000,000 or more; see Rule 13.A.1.(c)]. (d) Please check one: □ If the additional amount in dispute is less than $10,000, you pay 5%. Amount enclosed: $_______ □ If the additional amount in dispute is more than $10,000, you pay 7%. Amount enclosed: $_______ 2
4 7. When the amount in dispute is under $25,000, a Sole Arbitrator will be assigned to the case. When the amount in dispute is $25,000 or more, a panel of three (3) arbitrators will be assigned unless both sides agree to have it heard by a Sole Arbitrator. If the case involves over $25,000 in dispute, please indicate your preference below: Sole Arbitrator □ Three Arbitrators □ Choose one: 8. You may request an arbitrator experienced in either criminal or civil law, depending on your underlying case. Choose one: □ Criminal Civil □ No Preference □ 9. This arbitration will result in a non-binding award unless both sides agree that it will be binding . Non-Binding means that if either party is not happy with the award, both the petitioner and the respondent have the right to ask for a trial in a civil court within 30 days from the date the award is mailed to you. If neither party asks for a new trial in 30 days, the award automatically becomes final and binding. Binding Arbitration means that if BOTH parties agree in writing to make the arbitration BINDING, a new trial may not be requested and the award will immediately become final and binding. Choose one: □ Binding or □ Non-Binding 10. Mediating your fee dispute is an option! If both the petitioner and the respondent agree, four hours of mediation time are available at no additional cost to try to resolve the dispute. If the matter does not resolve in the mediation, it will proceed to arbitration. For more information on mediating your dispute, please refer to Mediation Rules of Procedure outlined at the end of the BASF Arbitration Rules of Procedure. Choose one: □ Yes, I would like to mediate □ No, proceed directly to arbitration 3
5 11. You must submit a brief written description (use below box) of the fee dispute, with a copy attached to the original and all four (4) copies of the Request form. [See Rule 8.B. regarding additional submissions]. If you need more space please continue on additional sheets of paper. Include this with each copy of your Reply form. 12. I acknowledge receipt of the BASF Rules of Procedure and agree to be bound by them. I declare under penalty of law that everything I have stated is true to the best of my knowledge. [Counsel may not sign on behalf of parties.] Date: Print name: Signature: Date: Print name: Signature: 4