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LEGAL FEE ARBITRATION & ETHICS CLE - Shared screen with speaker view
Toni-Anne Nunez
23:31
Thank you all for joining us. Please put any questions in the chat - we promise to save time at the end to answer them -
Toni-Anne Nunez
26:30
https://www.cobar.org/legalfee
Toni-Anne Nunez
27:41
This PowerPoint slideshow will be sent to all participants after the prsentation
Allan Kroll
29:32
Is the arbitration intended to be binding? Or is it a suggested resolution?
Nina H. Kazazian
29:54
Arbitration is binding.
Toni-Anne Nunez
31:59
This PowerPoint slideshow will be sent to all participants after the presentation
bramming
32:45
is the process confidential?
Toni-Anne Nunez
33:54
Thank you all for joining us. Please put any questions in the chat - we promise to save time at the end to answer them -
bramming
40:16
is the identity of the arbitrator known or unknown to the parties to the arbitration?
Birgit Almgren
46:37
Does an attorney's malpractice insurance rise even if the complaint is dismissed?
Toni-Anne Nunez
49:02
https://coloradosupremecourt.com/
Nina H. Kazazian
52:59
Can we get the case cites here in the chat?
Toni-Anne Nunez
53:02
17PDJ051
SAUER FAMILY LAW
54:00
The arbitrator’s identity IS known to parties’ and their counsel if they retain counsel for the arbitration.
Jay Ledbetter
55:45
The parties know the identity of the arbitrator regardless of whether they are represented by counsel. All must have an opportunity to determine whether there might be a conflict of interest.
SAUER FAMILY LAW
59:03
Thank you, Jay. I stated it backwards and unclearly. Arbitrator knows the parties identities and parties know the Arbitrator. IF counsel are involved, then obviously those identities are known as well.
Toni-Anne Nunez
59:31
https://www.cobar.org/ethics
Nina H. Kazazian
01:03:33
Can we get these case cites here in the chat?
Toni-Anne Nunez
01:03:37
This PowerPoint slideshow will be sent to all participants after the presentation
Nina H. Kazazian
01:03:44
The ones that aren’t in the materials...
Stuart Morse
01:04:06
Only the Committee as a whole (the members that do not directly take the evidence) do not know the participants’ identities.
Chris Baumgartner
01:04:48
It looks like the fee arbitration won’t go forward if the client doesn’t file a response. If the client is contractually obligated to use the fee arbitration committee under the fee agreement, do you need to go to the Courts to get an order requiring the client to participate in the fee arbitration and risk a default award if they do not?
Stuart Morse
01:08:34
I would say “YEs”. If either party refuses to participate and there is a contractual requirement to arbitrate, then the Committee would likely need a Court Order finding that the refusing party is required to submit to the Committee’s jurisdiction.
Frank Taylor
01:14:30
In another jurisdiction, I represented an attorney who inhouse counsel threatened with discipline if she did not write down a statement for services rendered. In Colorado, is inhouse counsel subject to discipline in such circumstances?
Cat Shea (she/her)
01:24:30
Word version of contingent fee agreement:http://coloradosupremecourt.com/PDF/Regulation/Contingent%20Fee%20Agreement%20Form.docx
Toni-Anne Nunez
01:24:30
https://coloradosupremecourt.com/Current%20Lawyers/PracticeManagement.asp
Toni-Anne Nunez
01:26:25
https://coloradosupremecourt.com/Current%20Lawyers/FlatFeeAgreement.asp
Karl Geil
01:28:56
I realize that this is a statutory matter, but would you address the prohibition on merchants, including attorneys, assessing credit card processing fees to clients?
April McMurrey
01:44:29
Karl, to your question, please see our Trust Account Manual, and the section addressing credit cards. https://coloradosupremecourt.com/Complaints/TrustAccountManual.asp
Steve McDonald
01:45:36
If your engagement letter requires disputes with a client to be resolved by either CBA fee arbitration or JAG, and a matter is submitted to the LFAC, wouldn't that be subject to a proceeding to compel arbitration if one party doesn't respond to the submission?
Chris Baumgartner
01:49:18
How would you address a contractually obligated fee arbitration when the client’s defense to payment is some sort of malpractice?
Allan Kroll
01:50:36
Were the mediations handled by the members of the committee also free?
Toni-Anne Nunez
01:58:16
This LFA committee is still working through the nuances of using mediation services - the CBA does have an Alternate Dispute Resolution Committee.
Preston Branaugh
02:06:05
Thank you all for a very good discussion.
Toni-Anne Nunez
02:06:20
Karl, to your question, please see our Trust Account Manual, and the section addressing credit cards. https://coloradosupremecourt.com/Complaints/TrustAccountManual.asp
Leo Milan
02:06:44
Wonderful! Very educational. Thank you!
Sal Quintana
02:18:38
Great information and resources. Thanks!
Nina H. Kazazian
02:18:54
Thank you!
Steve Johnson
02:18:57
Outstanding presentations--thanks so much!