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Mandatory Participation
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California Business and Professions Code sections
6200 to 6206 govern fee arbitration. Section 6200
provides that when a client requests fee arbitration,
the attorney is required to participate. As of January
1997, an attorney can compel a client to arbitrate
if the fee agreement includes an arbitration clause.
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Client's Right to Arbitrate
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The attorney must serve the client
with a Notice of Client's Right to Arbitrate either
before or at the time of filing a suit or any other
proceeding (including arbitration in another forum)
for the recovery of fees or costs or both. If the
attorney does not serve the client with the Notice,
it is grounds to dismiss the action. If the attorney
serves the client with a notice that does not substantially
comply to the Notice approved by the State Bar, that
is also grounds to dismiss the action. Click here
to download the Notice of Client's Right to Arbitrate.
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Client's Waiver of Right
to Arbitrate
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A client waives the right to arbitration
(assuming that the client has received the proper
Notice) by either filing an answer in a suit or other
proceeding, or by not requesting arbitration within
30 days of the time that the client received
the Notice of Client's Right to arbitrate.
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Filing & Handling a
Fee Arbitration
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Fee Arbitration Forms
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Fee Arbitration Information
for Attorneys
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State Code Provisions for Arbitration
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Fee Arbitration Information
and Forms for Arbitrators/Mediators
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