The State Bar seeks public comment on Proposed Arbitration Advisory Interim No. 2022-0XB (Determination of a “Reasonable” Fee).
Deadline: July 21, 2024, 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 Standing Committee on Professional Responsibility and Conduct (COPRAC) is charged with the task of issuing arbitration advisories providing guidance to fee arbitrators administering attorney-client fee disputes under the Mandatory Fee Arbitration Program. In accordance with State Bar policy and procedure, the Committee shall publish proposed arbitration advisories for public comment. (See State Bar Board of Trustee Resolutions September 2018 and January 2020; see also, Board of Trustee Resolutions July 1979, December 2004, and November 2016.)
California Business and Professions Code sections 6200–6206 confers jurisdiction upon Mandatory Fee Arbitration (MFA) arbitrators to consider and make awards concerning disputes over fees, costs, or both, that are charged to a client in connection with professional services rendered by an attorney. The purpose of an arbitration advisory is to provide guidance to MFA arbitrators regarding disputes or issues that may arise in connection with MFA arbitrations.
Proposed Arbitration Advisory Interim No. 2022-0XB is intended to update Arbitration Advisory 1993-03, in light of case law, namely Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Company, Inc. (2018) 6 Cal.5th 59. This advisory summarizes existing law and provides guidance to MFA arbitrators on the standard of review in fee disputes where there is no written fee agreement or when the written agreement between the parties does not comply with the requirements of Business and Professions Code, sections 6147 or 6148.
At its May 10, 2024, meeting and in accordance with its Rules of Procedure, COPRAC tentatively approved Proposed Arbitration Advisory Interim No. 2022-0XB for a 60-day public comment distribution.
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Committee on Professional Responsibility and Conduct
July 21, 2024, 11:59 p.m.