Thank you all for joining us. Please put any questions in the chat - we promise to save time at the end to answer them -

https://www.cobar.org/legalfee

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Is the arbitration intended to be binding? Or is it a suggested resolution?

Arbitration is binding.

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is the process confidential?

Thank you all for joining us. Please put any questions in the chat - we promise to save time at the end to answer them -

is the identity of the arbitrator known or unknown to the parties to the arbitration?

Does an attorney's malpractice insurance rise even if the complaint is dismissed?

https://coloradosupremecourt.com/

Can we get the case cites here in the chat?

17PDJ051

The arbitrator’s identity IS known to parties’ and their counsel if they retain counsel for the arbitration.

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.

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.

https://www.cobar.org/ethics

Can we get these case cites here in the chat?

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The ones that aren’t in the materials...

Only the Committee as a whole (the members that do not directly take the evidence) do not know the participants’ identities.

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?

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.

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?

Word version of contingent fee agreement:http://coloradosupremecourt.com/PDF/Regulation/Contingent%20Fee%20Agreement%20Form.docx

https://coloradosupremecourt.com/Current%20Lawyers/PracticeManagement.asp

https://coloradosupremecourt.com/Current%20Lawyers/FlatFeeAgreement.asp

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?

Karl, to your question, please see our Trust Account Manual, and the section addressing credit cards. https://coloradosupremecourt.com/Complaints/TrustAccountManual.asp

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?

How would you address a contractually obligated fee arbitration when the client’s defense to payment is some sort of malpractice?

Were the mediations handled by the members of the committee also free?

This LFA committee is still working through the nuances of using mediation services - the CBA does have an Alternate Dispute Resolution Committee.

Thank you all for a very good discussion.

Karl, to your question, please see our Trust Account Manual, and the section addressing credit cards. https://coloradosupremecourt.com/Complaints/TrustAccountManual.asp

Wonderful! Very educational. Thank you!

Great information and resources. Thanks!

Thank you!

Outstanding presentations--thanks so much!