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. 2022-0XA is intended to update Arbitration Advisory 1993-02, in light of recent case law, namely Pech v. Morgan (2021) 61 Cal.App.5th 841, 846 [276 Cal.Rptr.3d 97]. This advisory summarizes existing law and provides guidance to MFA arbitrators on the standard of review in fee disputes where there is a written fee agreement.
At its January 12, 2024, meeting and in accordance with its Rules of Procedure, COPRAC tentatively approved Proposed Arbitration Advisory Interim No. 2022-0XA for a 90-day public comment distribution.