The State Bar seeks public comment on proposed amendments to the rules governing Mandatory Fee Arbitration consisting of revisions to existing rules and the creation of new rules to address the appointment and qualifications of fee arbitrators.
Deadline: July 17, 2023, 11:59 p.m.
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
The State Bar Mandatory Fee Arbitration (MFA) rules consist of rules 3.500 through 3.566 in Title 3, Division 4, Chapter 2 of the Rules of the State Bar of California. The last comprehensive update of the MFA rules occurred in 2013.
The MFA rules are silent on the topic of arbitrator appointments, but the Guidelines and Minimum Qualifications of Arbitrators for the State Bar of California Fee Arbitration Program (Guidelines and Minimum Qualifications) outline the appointment procedure for new arbitrators, list the qualifications of attorney and lay arbitrators, and specify the ongoing requirements for all arbitrators while volunteering for the MFA Program. At the November Board of Trustees meeting each year, staff recommends for appointment qualified new arbitrator applicants and the reappointment of all eligible current arbitrators based on the criteria in the Guidelines and Minimum Qualifications, and either the appointment or reappointment of the program’s presiding arbitrator and two assistant presiding arbitrators. Currently, each of these appointments is for a one-year term.
Proposed amendments to the MFA rules consist of clarifying edits, revisions to existing rules, and the creation of new rules formalizing the appointment and qualifications of fee arbitrators to the program, adapted from the Guidelines and Minimum Qualifications.
Staff proposes revisions to existing MFA rules intended to increase the efficiency of the daily operations of the program, primarily through the use of technology, including electronic service and remote hearings by videoconference.
Staff also proposes the creation of four new rules to govern the appointment and requirements of fee arbitrators. These new rules incorporate and build upon the criteria outlined in the Guidelines and Minimum Qualifications, outline state arbitrators’ ongoing educational and reporting requirements, and seek to create a staff-driven appointments process for new fee arbitrators. Under the proposed rules, the Board of Trustees would continue to appoint the MFA Program’s presiding arbitrator and assistant presiding arbitrators but for a longer term of four years instead of the current one-year term.
None
Board of Trustees sitting as the Regulation and Discipline Committee
July 17, 2023, 11:59 p.m.