CALIFORNIA FAMILY LAW
...Attorney Fees
......Between Attorney and Client
.........Arbitration (MFAA)
............Fee Disputes: Cases
 17 Cards On This Topic:
  • Summary of procedures under MFAA.
  • MFAA does not limit the ability of attorneys and clients to enter into binding contractual arbitration in fee agreements.
  • CCP 473 (b) cannot remedy a failure to meet the 30-day deadline for seeking a trial following arbitration under the MFAA.
  • Filing of malpractice suit waives client’s rights to mandatory fee arbitration.
  • Arbitrator in billing dispute not required to disclose his experience in auditing attorney bills and his attitude toward proper methods of billing and could not be disqualified for bias.
  • After losing MFAA arbitration, law firm’s JAMS demand for binding arbitration was effective to invoke retainer’s arbitration clause without filing super. court action to compel arbitration.
  • No error in finding client obligated to pay atty. fees to atty. who hired his firm's of counsel for mandatory fee arb. proceedings where atty.-client relationship existed between atty. and of counsel, and they had distinct interests.
  • Atty's de novo action for unpaid fees, timely filed in small claims court, effectively rejected arbitration award for P.
  • In MFAA arbitration, court did not err in denying P's groundless petition to correct award, but should then have confirmed the award, leaving appeal as P's only remedy.
  • As client failed to follow proper procedure for preventing MFAA arb. award from becoming binding, court properly denied client's motion opposing law firm's lien; however, firm failed to follow correct procedure for enforcing arb. award.
  • Having been given notice of right to resolve atty fee dispute via MFAA nonbinding arbitration, clients waived protection of MFAA by failing to request arbitration w/in requisite time period.
  • Dismissal of claim for fees for failure to give MFAA notice of client's right to arbitration discretionary.
  • Client who loses binding fee arbitration may later sue atty based on same allegations of misconduct or breach of K on which fee dispute based, but may not recover as damages any portion of the fee the arbitrators awarded attorney.
  • Arbitrators did not exceed their jurisdiction under B&PC 6200 et seq. in determining attorney- client relationship existed between the parties.
  • Attorney fee provision that all fee disputes would be subjected to mandatory arbitration before AAA invalid as a violation of client’s right to mandatory fee arbitration pursuant to B&P Code.
  • Bus. & Prof. Code §6201 requires attorneys to provide clients with written notice of right to arbitrate only after fee dispute has arisen.
  • Filing of malpractice action that does not specify that an arbitration award is being challenged does not meet requirements of Bus. & Prof. Code §6204 and does not preclude confirmation of award.


    •