Bar circulates three issues


Revised State Bar Court stipulation forms

Would revise stipulation forms which have been in use since 1992 and last revised in 1993. Court practices and rules have changed substantially in the past four years and the revised stipulation forms would track those changes and streamline the process. The simplified forms will reduce the number of pages required for parties to express their stipulations, reducing court photocopying time and expense.

Source: State Bar Court Executive Committee

Deadline: September 29

Contact: Joseph Simon, State Bar Court, 100 Van Ness Ave., 28th Flr., San Francisco, 94102-5238; 415/241-2066


Sample fee agreement forms

Would add an arbitration clause to the sample fee agreement forms published by the State Bar to mirror an amendment to Business & Professions Code § 6200(c), effective Jan. 1, 1997, that requires the client to arbitrate when the client "has agreed in writing to arbitration under this article of all disputes concerning fees, costs or both."

Source: State Bar Board Committee on Mandatory Fee Arbitration

Deadline: October 23

Contact: Linda L. Harrington, Mandatory Fee Arbitration, 100 Van Ness Ave., 28th Flr., San Francisco 94102-5238; 415/241-2020


Amendments to fee arb programs

Would amend Minimum Standards to (1) require the State Bar-approved Notice of Client's Right to Arbitration form be provided to the client, not only when filing a court action, but also when initiating another proceeding; (2) provide that when a client who previously agreed to arbitration fails to respond or participate in the arbitration, the arbitration will proceed; and (3) prohibit the arbitrators from awarding attorney's fees "incurred in preparation for or in the course of the fee dispute proceeding."

Source: State Bar Board Committee on Mandatory Fee Arbitration

Deadline: October 23

Contact: Linda L. Harrington, Mandatory Fee Arbitration, 100 Van Ness Ave., 28th Flr., San Francisco 94102-5238; 415/241-2020

[CALBAR JOURNAL]