Client's Reply to Attorney's Request for Resolution of a Fee Dispute
Return To FORMS
Download Form G in PDF Format
|
Form G:
Client's Reply to Attorney's Request for Resolution of a Fee Dispute Return To FORMS |
| Beverly Hills Bar Association, 300 S. Beverly Drive, Suite 201, Beverly Hills, CA 90212 310.553.6644 BHBA Case Name: BHBA Case Number: 1) Client Replying (or attorney representing client, if applicable): Name: Address: City: State: Zip Code: Telephone: ( ) Fax: ( ) 2) Your attorney has filed for arbitration and/or mediation of the fee dispute that exists between you. A copy of the Attorney’s Request for Resolution of a Fee Dispute is enclosed. If your Attorney Fee Agreement contains an arbitration clause, please review Rule 4.A. If the clause includes a requirement for “BINDING” arbitration it is not valid and it is not mandatory for you to participate in this program. However, if the clause does not specify “BINDING” arbitration, it is valid and you must participate. If the Fee Agreement does not have an arbitration clause, or it contains a clause which is invalid because it specifies “binding arbitration”. please indicate your choice below: / / I do not want to arbitrate or mediate this dispute. (Skip the rest of the form, but please sign the form) / / I would like to proceed to arbitration and/or mediation (complete remainder of form) 3) ***IMPORTANT*** You must give a detailed written description of the fee dispute on a separate sheet of paper. Submit a total of one original and four copies of this Reply form, for a grand total of five. Each of the five Reply forms should have any and all additional information attached. DO NOT send originals of attachments 4) From what type of case does the dispute arise: 5) Do you have a written Fee Agreement? Yes / / No / / If yes, include a copy of the agreement with this Reply and Refer to Rule 4.A. 6) If you answered yes to question #5, do you have an arbitration clause in the agreement: Yes / / No / / 7) A) Has the attorney filed suit in court to collect fees? Yes / / No / / IMPORTANT: If the attorney has filed a suit in court, enclose a copy of the suit B) If the attorney has filed suit, when were you served with the suit? C) If the attorney has filed suit, have you answered the suit in court? Yes / / No / / 8) A) Have you received a “NOTICE OF CLIENT’S RIGHT TO ARBITRATION “ form informing you about arbitration and the 30-day limit? Yes / / No / / B) If yes, you must attach a copy. Please indicate when you received it: __________________________ 9) In the event that you are awarded a refund, which can include any filing fees you may pay to BHBA, who do you think is the attorney responsible for paying you? (NOTE: You must name an individual). Name: 10) Unless both you and the attorney agree to BINDING ARBITRATION, the arbitration will be non-binding. For clarification, please review rules 5.A and B. You Must Choose One: Binding / / Non-Binding / / 11) The Attorney has indicated an amount in dispute based on outstanding fees and has paid a filing fee based on that amount. However, please indicate if you wish to arbitrate for a refund of any fees you may have already paid the attorney. The amount in dispute is the combined amount of any fees you have already paid the attorney that you feel should be refunded to you, plus any unpaid fees you feel should not be paid. A) How much have you already paid the attorney? $______________ B) Are you seeking a REFUND of any of this? Yes / / No / / C) If so, how much? $______________ 1. How much is the attorney now claiming you owe as the unpaid balance, if any? $______________ 2. How much of this do you feel should be paid? $______________ 3. Subtract C.2 from C.1 and enter here: $______________ D) Add the total in 12.b and 12.c.3 and enter total amount in dispute $______________ 12) Filing Fees: the filing fee must be paid at the time of filing this request. The fee is based on the amount in dispute. Refer to the Rules of Procedure 4.A and 13 for filing fee policy and possible additional fees and costs. / / If the amount in dispute is less than $10,000 you pay 5% of that amount. Amount enclosed: $______________ / / Or, if the amount in dispute is more than $10,000, you pay 7% of that amount. Amount enclosed: $______________ 13) If you choose BINDING ARBITRATION, and the total amount in dispute is over $10,000 or NON-BINDING and your case is over $20,000 in dispute, it may be heard by a 3-arbitrator panel. However, if you both agree, it may be still heard by one arbitrator. NOTE: If the matter does not qualify for a three-member panel, it will always be heard by one arbitrator. PLEASE CHECK ONE: / / One Arbitrator / / Three Arbitrators 14) You may request that the sole arbitrator or one member of a panel be experienced in either civil or criminal law, depending on the area of your underlying case. Please check one: / / I want an arbitrator experienced in criminal or civil depending on the area of my underlying case / / I do not have a preference 15) If you both agree, you are also entitled to up to four hours of mediation time. If the matter does not resolve through mediation it will then proceed to arbitration. Please refer to the Mediation Rules of Procedure. Indicate your choice: / / I would like to try mediation. / / I do not want to mediate this dispute. 16) I acknowledge receipt of the BHBA 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. DATE PETITIONER’S SIGNATURE (COUNSEL MAY NOT SIGN FOR CLIENT) DATE PETITIONER’S SIGNATURE (if more than one) BHBA FORM G REVISED APRIL 2002 |