Arbitration Advisories
For information on how to request an arbitration advisory, please see below.
| Advisory Number | Title | Date |
|---|---|---|
| 2025-01 | Determination of a 'Reasonable' Fee - Supersedes Advisory 1998-03 | 5/22/2025 |
| 2024-01 | Standard of Review in Fee Disputes Where There is a Written Fee Agreement - Supersedes Advisory 1993-02 | 9/17/2024 |
| 2021-01 | Disputes over Costs and Expenses | 5/13/2021 |
| 2020-01 | Awarding of Interest as Part of the Fee Arbitration Award - Supersedes Advisory 1993-01 | 11/19/2020 |
| 2016-02 | Analysis of Potential Bill Padding and Other Billing Issues - Supersedes Advisory 2003-01 | 3/25/2016 |
| 2016-01 | Statute of Limitations for Fee Arbitrations - Supersedes Advisory 2011-02; Revised May 20, 2016 | 3/25/2016 |
| 2015-02 | The Arbitrator’s Role In Settlements and Stipulated Awards - Supersedes Advisories 1996-05 and 2009-01; Revised May 20, 2016 | 3/20/2015 |
| 2015-01 | Disclosure Guidelines - Supersedes Arbitration Advisories 1994-01, 1995-01 and 1997-01 | 1/16/2015 |
| 2014-01 | Amendment or Supplementation of Arbitration Awards - Supersedes Arbitration Advisory 2000-01 and 2003-02 | 7/25/2014 |
| 2012-03 | Handling Legal Malpractice Claims and Ethical Issues During Arbitration | 7/17/2012 |
| 2012-02 | Arbitration Agreements - Supersedes 2004-01 | 2/1/2012 |
| 2012-01 | Voidability of Fee Agreements - Supersedes 1996-04 | 2/1/2012 |
| 2011-02 | Statute of Limitations for Fee Arbitrations - Supercedes 1996-02; Superseded by 2016-01 | 6/15/2011 |
| 2011-01 | Enforcement of Non-Refundable Retainer Provisions - Supersedes 2001-02 | 1/28/2011 |
| 2010-01 | Arbitration of Loan Modification Fee Disputes | 2/11/2010 |
| 2009-01 | The Arbitrator's Role in Accepting Settlement Agreements As Stipulated Awards - Superseded by 2015-02 | 7/8/2009 |
| 2008-02 | Authority to Compel Compliance with Third-Party Subpoenas | 5/25/2008 |
| 2008-01 | Timing of Agreements to Binding Fee Arbitration (Updated July 25, 2014) | 4/3/2008 |
| 2007-02 | Preservation of Client Confidences in Arbitrations Involving Parties Other Than The Client | 7/20/2007 |
| 2007-01 | Arbitral Immunity (Updated July 25, 2014) | 5/11/2007 |
| 2005-02 | Resisting Attempts to Subpoena Fee Arbitrators or Fee Arbitration Documents | 6/30/2005 |
| 2005-01 | Jurisdiction of the Mandatory Fee Arbitration Program to Determine the Existence of an Attorney-Client Relationship | 1/21/2005 |
| 2004-01 | Arbitration Agreements (Superseded by 2012-02) | 9/22/2004 |
| 2003-03 | Awarding Program Filing Fees | 10/20/2003 |
| 2003-02 | The Amendment or Supplementation of Arbitration Awards - Supersedes 2000-01; Superseded by 2014-01 | 3/27/2003 |
| 2003-01 | Detecting Attorney Bill Padding - Superseded by 2016-02 | 1/29/2003 |
| 2002-01 | Imposition of Sanctions by Arbitrators in Conducting Fee Arbitration Matters | 5/17/2002 |
| 2001-02 | Enforcement of 'Non-Refundable' Retainer Provisions - Superseded by 2011-01 | 5/16/2001 |
| 2001-01 | Impact of the Truth in Lending Act and Retain Installment Sales Act Upon Attorney-Client Fee Disputes | 5/31/2001 |
| 2000-01 | The Amendment or Supplementation of Arbitration Awards. - Superseded by 2014-01 | 11/3/2000 |
| 1998-03 | Determination of a 'Reasonable' Fee - Updated March 20, 2015 | 6/23/1998 |
| 1998-02 | Required Accommodations for Fee Arbitration Participants with Disabilities | 3/20/1998 |
| 1998-01 | Impact of Arbitration Clauses in Fee Agreements Upon Client's Right to Mandatory Fee Arbitration | 1/16/1998 |
| 1997-03 | Fee Arbitration Issues Involving Contingency Fees | 8/22/1997 |
| 1997-02 | Handling a Request for Arbitration When a Party Files for Bankruptcy | 8/22/1997 |
| 1997-01 | Disclosures To Be Made by Arbitrators to Parties - Superseded by 2015-01 | 7/18/1997 |
| 1996-05 | Arbitrator's Role in Settlements at Time of Hearing - Superseded by 2015-02 | 12/13/1996 |
| 1996-04 | Voidability of Fee Agreements - Superseded by 2012-01 | 9/13/1996 |
| 1996-03 | Burden of Proof in Fee Arbitrations | 6/7/1996 |
| 1996-02 | Statute of Limitations for Fee Arbitrations - Superseded by 2011-02 | 6/7/1996 |
| 1996-01 | Records Retention | 4/26/1996 |
| 1995-02 | Standards for Attorney Fee Billing Statements | 6/9/1995 |
| 1995-01 | Disclosure Required of Fee Arbitrators by CCP 1281 - Superseded by 2015-01 | 4/28/1995 |
| 1994-04 | Identification of 'Individual Responsible Attorney' in Fee Arbitration Awards | 8/19/1994 |
| 1994-03 | Avoiding Arbitrator Bias | 7/15/1994 |
| 1994-02 | Jurisdiction to Arbitrate Court-Ordered Fees | 4/22/1994 |
| 1994-01 | Avoiding Arbitrator and Administrator Bias - Superseded by 2015-01 | 1/7/1994 |
| 1993-02 | Standard of Review in Fee Disputes Where There Is a Written Fee Agreement - Superseded by 2024-01 | 11/23/1993 |
| 1993-01 | Awards of Interest by the Arbitrator | 7/30/1993 |
Arbitration advisory requests
You may submit a request for an arbitration advisory to the Committee on Professional Responsibility and Conduct (COPRAC) using the online form. COPRAC exercises discretion on whether to issue arbitration advisories in response to requests.
In order to submit your request, we will need the following information: (1) your name; (2) name of the local bar association fee arbitration program you are affiliated with (if any); (3) your contact information; (4) any supporting documents you may have, such as the copy of a particular case or arbitration award; and (5) a clear statement of hypothetical facts posing the issue for the committee to analyze.
The process for issuance of an arbitration advisory is lengthy, requiring circulation of the proposed advisory for a 90-day public comment period, followed by the Board of Trustees’ consideration of a request to approve the advisory for publication on the State Bar’s website. These review periods follow a lengthy deliberative process, in which the committee proceeds to draft a well-reasoned advisory that is acceptable to a majority of the committee members and helpful to the largest possible number of arbitrators.