Attorney disputes a fee and abruptly takes his client to small claims court, by serving.
Client being a lay person, sees case as that between a lay and two attorney colleagues.
Can Client ask for case transfer to State's Bar fee dispute team?
Where does he go & what does the client have to do to accomplish that?
Can small claims court refuse and court (due to client's transfer action) become biased?
The client has to submit the case to Mandatory Fee Arbitration, and let the court know that the matter has been submitted.
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Im not sure your question makes sense. Have you filed a complaint with the state bar? Or did your attorney file the action?
I'm with Mr. Hedding. I don't understand your question. What's the problem here?
San Diego Criminal Defense Attorney--20 years experience
Business and professional code requires an attorney to notify client of client option of selecting fee arbitration through the county bar association and if client fails to so elect within the time period then attorney can commence suit for fees.
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Assuming that you have not waived your right to arbitrate by ignoring a Notice of Right to Arbitrate that your attorney was required to send to you before suing, you have the absolute right as the client to demand an arbitration. The State Bar does not have a "fee dispute team". It will merely refer you to your local Bar Association, which is the Los Angeles County Bar Association (LACBA). You can get a fee dispute arbitration form and information from its website (www.LACBA.org) or by calling LACBA. Once you initiate the arbitration proceeding - and again, assuming that you still have the right to do so - the small claims court is required to suspend the case. You will need to talk to the small claims clerk; I believe there is a form you can file to abate the proceeding in light of the fee arbitration.
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