SUBJECT

Proposed Revisions to Notice of Your Rights After Fee Arbitration Form.

BACKGROUND

Business and Professions Code section 6200, et seq. governs the Mandatory Fee Arbitration (MFA) Program. Mandatory Fee Arbitration programs are required by statute to deliver to the parties with any fee arbitration award a notice advising them of their rights to judicial relief following the arbitration proceeding. The State Bar's Committee on Mandatory Fee Arbitration (MFA Committee) makes recommendations to the Board of Governors to approve revisions, as warranted, to the Notice of Your Rights after Fee Arbitration form distributed by the State Bar for all MFA programs to use.

PROPOSAL

The purpose of the instant revision is to include a new informational section confirming a party's right to request the arbitrator(s) to correct or amend an arbitration award, if made timely after service of the award, in addition to the right to petition the court for such relief. A recent appellate opinion, Karton v. Segreto (2009) 176 Cal.App.4th 1 emphasized the preferred approach that a party first request the arbitration panel to correct or amend the fee arbitration award prior to seeking relief from the court. At its March 4, 2010 meeting, the Discipline Oversight Committee released the suggested revision to the Notice of Your Rights After Arbitration form for a 45 day public comment period.

ATTACHMENTS
SOURCE

State Bar Board Discipline Oversight Committee, March 4, 2010, Agenda Item #II.A

COMMENT DEADLINE

April 21, 2010

DIRECT COMMENTS TO:

Jill Sperber, Director
Office of Mandatory Fee Arbitration
The State Bar of California
180 Howard Street, 6th Floor
San Francisco, CA 94105
415-538-2023
415-538-2335 Fax