The State Bar seeks public comment on Proposed Arbitration Advisory Interim No. 2020-0XA (Awards of Interest under the Mandatory Fee Arbitration Program).
Deadline: October 15, 2020
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
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. 2020 0XA is intended to summarize existing law and provide guidance to Mandatory Fee Arbitration arbitrators on the awarding of interest as part of the fee arbitration award, including when, and how much, interest may be awarded.
At its June 5, 2020 meeting and in accordance with its Rules of Procedure, COPRAC tentatively approved Proposed Arbitration Advisory Interim No. 2020-0XA for a 90-day public comment distribution.
Proposed Arbitration Advisory Interim No. 2020-0XA
Standing Committee on Professional Responsibility and Conduct
October 15, 2020