Guam Notice to Client of Client's Right to Arbitrate Dispute over Attorney's Fees

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Multi-State
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US-02641BG
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Description

Arbitration is an alternative means of settling a dispute by impartial persons without proceeding to a court trial. It is sometimes preferred as a means of settling a matter in order to avoid the expense, delay, and acrimony of litigation. There is no discovery and there are simplified rules of evidence in arbitration. The arbitrator or arbitrators are selected directly by the parties or are chosen in accordance with the terms of a contract in which the parties have agreed to use a court-ordered arbitrator or an arbitrator from the American Arbitration Association.


Courts have the inherent authority to supervise the charging of fees for legal services under their power to regulate the practice of law. A growing number of states, the courts and bar associations are seeking to encourage out-of-court resolution of fee disputes between attorneys and clients in alternative dispute resolution programs established and administered by bar associations. Typically these programs provide a client with the opportunity to voluntarily submit a fee dispute to either arbitration or mediation.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

How to fill out Notice To Client Of Client's Right To Arbitrate Dispute Over Attorney's Fees?

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FAQ

If an attorney is claiming that you owe an outstanding balance of fees and/or costs, the attorney must forward a ?Notice of Client's Right to Arbitration? form approved by the State Bar to you prior to filing a lawsuit or other proceeding to collect the amount owed.

If an arbitrator cannot be decided on by the disputing parties, then the courts will make the decision. Attorney Shane Coons is highly skilled in all methods of ADR, to include mediation, arbitration, and California's judicial reference system.

Part 137 of the Rules of the Chief Administrator of the Courts provides a procedure for the arbitration (and in some cases mediation) of fee disputes between attorneys and clients in civil matters.

They hold private, confidential hearings, which are less formal than a court trial. Arbitrators are usually attorneys, business professionals, or retired judges with expertise in a particular field. As impartial third parties, they hear and decide disputes between opposing parties.

Who Pays for Binding Arbitration? A typical arbitration provision specifies that each party pays the costs of its representative (lawyer or non-lawyer) and those associated with providing its own witnesses. The party bringing the claim usually pays the filing fees.

In most cases, the parties to an arbitration divide the cost of the arbitrator's fees and expenses evenly ? that is, each pays half.

The parties each pay their own costs to conduct their case.

By contrast, the rules of the United Nations Commission on International Trade Law (UNCITRAL) generally presume that the unsuccessful party will bear the costs of the arbitration.

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Guam Notice to Client of Client's Right to Arbitrate Dispute over Attorney's Fees