Fill and Sign the Fee Dispute Form

Case Number: SC-101 ––––– This form is attached to Form SC-100, item 7. It tells the court that you are suing about a disagreement for $5,000 ($7,500 if you are a natural person) or less in attorney fees and that you have tried to solve the disagreement through arbitration. Read page 2 of this form before you fill out this form. It explains your rights and some small claims terms. 1 How much money is in dispute? $ ––––– 2 You are (check one): Attorney Client 3 What did the arbitrator decide? (Check one): a. The attorney client has to pay the other party this amount: $ ––––– b. Neither party has to pay the other party anything. 4 Write the date your Notice of Award was mailed here: ––––– (Look at the bottom of the Notice.) 5 Why are you filing in small claims court now? (Check what you are asking the judge to do): a. I want the court to confirm the award. b. I want the court to correct the award because (check only one and explain below): 1. It contains an error in calculation or a mistake in describing someone or something in the award. 2. The arbitrator considered legal issues not allowed in this kind of hearing and the award can be corrected so it is fair. 3. It doesn’t follow the rules for proper wording, information, or signature. (State Bar Rule 37.2 et seq.) Explain: ––––– ––––– c. I want the court to vacate (cancel) the award because (check only one and explain below): 1. It was obtained by fraud, corruption, or other unfair means. 2. The arbitrator was corrupt. 3. The arbitrator did something wrong that substantially hurt my case. 4. The arbitrator considered legal issues not allowed in this kind of hearing and the award cannot be corrected so it is fair. 5. The arbitrator unfairly refused to postpone my case or refused to consider important evidence that could help settle the dispute or conducted the hearing in another way that is not allowed. 6. The arbitrator knew of reasons why he or she could have been disqualified but did not disclose this information or did not disqualify himself or herself after I asked the arbitrator to do so at the proper time. Explain: ––––– ––––– Check here if you are asking for a new arbitration hearing. d. I want a trial in small claims court to decide the fee dispute. (You can check this option only if you did not agree in writing to a binding award and you file this form within 30 days after the Notice of the Award.) 6 Did you (or your attorney) go to the arbitration hearing? Yes No ( If no, explain below): ––––– ––––– 7 Attach a copy of the Arbitration Agreement and the Notice of Award (the arbitrator’s decision). If you do not attach them, explain why here: ––––– ––––– Date: ––––– ––––– Type or print your name Sign your name Judicial Council of California, SC-101, Page 1 of 2 Revised July 1, 2007, Mandatory Form Code of Civil Procedure, §§ 116.220(a)(4), 1280 et seq; Business and Professions Code, § 6200 et seq. Attorney Fee Dispute (After Arbitration) Attorney Fee Dispute (After Arbitration) (Attachment to Plaintiff's Claim and ORDER to Go to Small Claims Court) electronic form ã 2005-7 WWW.LawCA.co m Law Publishers Case Number: ––––– Your name: ––––– What is arbitration? How long do I have to ask for a trial? Arbitration is when a neutral person (an arbitrator) hears You have up to 30 days after the date the Notice of evidence from each side and then makes a decision Award was mailed to you. Look for the date on the (award) in your case. It is less formal than a trial in court. bottom of the notice. If you do not ask for a trial within 30 days, the award will become binding. Do I have to use arbitration for this dispute? In most cases, yes. The only exceptions are: How long do I have to ask the court to vacate or • Parties who did not sign an agreement to arbitrate correct the award? fee disputes and In most cases you have up to 100 days after the date the • Clients who do not want to use arbitration. The Notice of Award was mailed to you. But if the other side attorney must use arbitration if the client asks for it. asks the court to confirm, correct, or vacate the award, you must ask the court to correct or vacate the award before the court’s deadline to answer the other What is nonbinding arbitration? side’s request. Your Small Claims Advisor can give Nonbinding arbitration allows you or the other side to ask you more information on court deadlines. for a trial if either of you does not like the arbitrator’s decision. You have 30 days after the notice is mailed to Which court do I use for a trial or to ask for a trial. confirm, correct, or vacate the award? What is binding arbitration? If a lawsuit has already been filed about the fee Binding arbitration means you and the other side gave up disagreement, file your papers in the same court and use your right to a trial and must accept the arbitrator’s same case number as in that lawsuit. (Before filing, you decision. Your arbitration is binding if: must serve all parties named in the claim.) • Both sides agreed to binding arbitration in writing If no lawsuit has been filed about the fee disagreement, file (after they disagreed about fees or costs) or in the court of the county where the arbitration was held • 30 days or more have gone by since the nonbinding and ask for a trial or ask the court to confirm, correct, or decision was mailed. vacate the award. • If the amount in disagreement is $5,000 or less, file What if I agree with the award? in small claims court. Use Forms SC-100 and If your award is nonbinding and the other party does not SC-101. file papers asking for a trial, the award becomes binding in • If the amount in disagreement is more than $5,000 30 days. ($7,500 for a natural person*), file in superior If the award is binding and it says the other party owes court. See Form ADR-105. you money, send a letter asking to be paid within a What if an attorney doesn't pay the award? reasonable time. If you don’t get paid, ask the court to If an attorney doesn't pay the award, the State Bar can “confirm” the award. This allows you to ask the court to help you. If you don’t receive the award in 100 days order payment from the other party’s paycheck, bank after receiving the Notice of the Award, or if the award accounts or property. You must do this within 4 years becomes a final judgment, contact the State Bar at: after the notice of award. (See page 1, item 5a.) Mandatory Fee Arbitration What if I am not happy with the award? 180 Howard Street, 6th Floor You can ask the court to correct the award if it contains San Francisco, CA 94105-1639 an obvious mistake in calculating a number or describing 415-538-2020 a person, thing, or property. (See page 1, item 5b.) More Information You can ask the court to vacate (cancel) the award if California has special laws for arbitration of disputes certain kinds of misconduct or mistakes happened in the over attorney fees. For more information, see: arbitration. (See page 1, item 5c.) • State Bar of California Web site: www.calbar.org • Form ADR-105, Information Regarding Rights You can reject the award and ask for a trial if you and After Attorney-Client Fee Arbitration the other party did not agree in writing to binding • Cal. Business & Professions Code, §§ 6200–6206 arbitration. (See page 1, item 5d.) * A “natural person” is not a business or public entity. Revised July 1 , 2007 Attorney Fee Dispute (After Arbitration) SC-101, Page 2 of 2 (Attachment to Plaintiff's Claim and ORDER to Go to Small Claims Court)