ADR-105 Information Regarding Rights After Attorney-Client Fee Arbitration
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INFORMATION REGARDING RIGHTS AFTER
ATTORNEY-CLIENT FEE ARBITRATION
(Alternative Dispute Reso lution)
Form Approved f or Optional Use
Judicial Council of California
ADR-105 [Rev. January 1, 2009]
ADR-105
Business and Professions Code, § 6200 et seq.
INFORMATION REGARDING RIGHTS AFTER
ATTORNEY-CLIENT FEE ARBITRATION
1. RIGHTS AFTER NONBINDING ARBITRATION
A. What is a nonbinding attorney-client fee arbitration award?
An award is nonbinding if (1) the parties did not agree in writing to be bound by the award after the dispute over
fees or costs arose; and (2) a party who did not willfully fail to appear at the arbitration hearing rejects the award
and requests a trial within 30 days after notice of a nonbinding awa rd is mailed.
B. What are my rights if I am not satisfied with a nonbinding attorney-clien t fee arbitration award ?
If the arbitration award is nonbinding, you may have a right to a trial in court. If a request for trial is granted in small
claims or superior court, the normal procedures for pretrial discovery, motions, court-connected alternative dispute
resolution ("ADR"), and trial in that court will apply. If you want a trial in court, you should follow the instructions in
this form to protect your rights.
C. What are my rights if I did not appear at the attorney-client fee arbitration hearing?
If you did not appear at your fee arbitration hearing in person or by counsel, you will have to prove to the court that
you had a good reason for not being there. If a court determines that your failure to appear was willful, you may not
be entitled to a trial after arbitration, and the other party may be able to enforce the arbitration award.
D. What must I do to get a trial in court?
You must file papers in the proper court within the required time limit.
E. How long do I have to act?
If you want a trial in court, you must file your papers in court within 30 days after the date that the arbitration award
is mailed to you. The date the arbitration award was mailed is written at the end of the notice you received.
F. What papers must I file? In what court must I file them?
That depends. Has a lawsuit about the fees already been filed?
(1) YES—lawsuit already filed
If a lawsuit about the fees has already been filed, then you must file a request for a trial in the same court
where the lawsuit was filed, under the same case number of the lawsuit that is pending, after serving a copy on
all parties who have appeared in the action as provided by law. If the lawsuit is in small claims court, you can
use Judicial Council forms SC-100 and SC-101 to request a trial after a nonbinding attorney-client fee
arbitration. If the lawsuit is in superior court, you can use form ADR-104 to request a trial after a nonbinding
attorney-client fee arbitra t io n.
(2) NO—lawsuit not yet filed
If no lawsuit about the fees has been filed, you must file your own lawsuit in the proper court and request a trial
in that court if you do not want the award to become binding. If the arbitration was held in California, you must
file the lawsuit and request for trial in the small claims court or the superior court in the county where the
arbitration was held, and then serve the complaint, summons, and request for trial on all named parties as
provided by law.
• If the amount in dispute is $5,000 or less, you may file your lawsuit in small claims court. You can use
Judicial Council form SC-100 to file a lawsuit in small claims court and form SC-101 to request a trial in that
action.
• If the amount in dispute is more than $5,000, you must file a complaint in the superior court to begin y
our
lawsuit. You may be able to use Judicial Council forms PLD-C-001 through PLD-C-001(3) to file a new
superior court action, but you may need a lawyer's help to prepare an appropriate complaint. You can use
form ADR-104 to reject the arbitration award and request a trial at the same time you file your compla int.
G. What if I am satisfied with the award?
If you are satisfied with the nonbinding arbitration award, do nothing until the award becomes binding or the
other party requests a trial. The award will become binding if the other party does not file papers requesting a
trial in court within the 30-day limit.
To keep other people from seeing what you entered on your form, please press the Clear This Form button at the end of
the form when finished.
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