HELLO EVERYONE THIS IS ATTORNEY HAFFAR. YOU CAN CONTACT ME ON MY WEBSITE. I AM WILLING TO ARBITRATE ANY CASE. ARBITRATION IS A LOW COST ALTERNATIVE TO A LAWSUIT AND IS AVAILABLE VIA TELEPHONE. THE ARBITRATION CLAUSE WASN'T PUT IN THE CONTRACT TO MAKE IT HARD TO SUE HAFFAR AND ASSOCIATES. THE ARBITRATION CLAUSE WAS PUT THERE OUT OF CUSTOM. HERE IS THE LINK TO FILE AN ARBITRATION FEE DISPUTE. IF YOU FEEL THAT YOU HAVE BEEN A "VICTIM" GO AHEAD AND PAY THE $175.00 WHICH IS 5% OF $3,500 AND LETS GO TO ARBITRATION VIA THE PHONE. STOP WITH THE STUPID THREATS AND STOP HIDING BEHIND THIS VEIL.
https://www.sdcba.org/index.cfm?pg=AttorneyClientFeeDispute
SDCBA Attorney Client Fee Dispute Program
What is Attorney Client Fee Dispute?
Are you and your lawyer having a disagreement about his fees? Have you tried to resolve it, but can't? The San Diego County Bar Association may be able to help. This program provides a means for attorneys and clients to resolve a fee dispute and avoid time and expense of taking a dispute to court.
The Bar sponsors a fee dispute arbitration program, which can be an efficient and effective alternative to litigation in the resolution of fee disputes between attorneys and clients. The arbitration process normally takes four to six months.
Arbitration provides a fair, speedy and impartial determination of the facts, as presented by both parties. Each party submits a statement of fact prior to a hearing before the arbitrator. During the hearing, the arbitrator, acting as referee, will ask questions and allow for each party to do the same. After the hearing, the arbitrator will render a decision based on the statements of fact and the hearing.
The San Diego County Bar Association's fee dispute arbitration program will consider cases only if the attorney involved in the dispute has an office in San Diego County or if the majority of services were performed in San Diego County.
Costs
The filing fee for the fee dispute arbitration program is 5% of the amount in dispute and not less than Seventy –five dollars ($75.00) and not more that Five Thousand dollars ($5,000.00). The filing fee includes up to three hours of arbitration time from our panel of experts. If more time is needed, there will be an additional fee.
We can only accept payment of the filing fee in the form of cash, a money order, cashier’s check or credit card (VISA, MasterCard, Amex, Discover), made payable to San Diego County Bar Association. Please, do not send Personal Checks, your application will be returned and delayed.
Steps
I. Please review our local rules (PDF).
The San Diego County Bar Association Fee Arbitration Committee Arbitration Rules (PDF)
When you decide that you want engage in our services, please download the PDF’s and fill out the forms that apply to your case.
Application for Arbitration of a Fee Dispute. (PDF)
Arbitration Agreement. (PDF)
Notice of Automatic Stay of Proceedings Instructions and Form for Filing. (Complete only of a lawsuit has been filed) (PDF)
Application for Filing Fee/Waiver Reduction. (PDF)
Additional materials:
Preparing for the Fee Arbitration Hearing (PDF)
Notice of Your Rights After Fee Arbitration (PDF)
II. Please complete all forms and return
1. Sign and date the Arbitration Agreement (original Signatures only, no photocopies).
2. Complete and sign the Application for Arbitration. You may attach copies of documents if you wish, but no originals.
3. Complete the Applicant's Statement of Facts. Submit your statement of facts and any attachments in triplicate (3 copies): original copy and two copies if the dispute is under $25,000.00. You may support your statement with exhibits, such as letters and bills. If the dispute is over $25,000.00 please submit in quintuplet (5 copies): original and four copies.
Return all forms and payments to:
San Diego County Bar Association
Attn: Fee Arbitration Department
1333 Seventh Avenue
San Diego, CA 92101
III. Once all documents and filing fees are received, SDCBA will send a copy of your complaint to the other party and request a “Reply”.
IV. Once the other party has responded, we will assign and notify you of the arbitrator(s) selected after determining that there is not a conflict of interest.
V. Once a date is set, you must show up at the location detailed in the “Notice of hearing” that is mailed to you.
VI. Get prepared for your fee dispute arbitration hearing. Learn what to do to prepare for your hearing. SEE-Preparing for the Fee Arbitration Hearing.
VII. Once the arbitrator(s) hears both sides he/she will take the “matter” under submission. There is no award decision made on the day of the hearing. The Awards and Findings will be mailed to you within 30 days of your hearing.
Please note that the completion of arbitration normally takes four to six months depending on the co-operation of both parties.
If you'd like additional information on the fee dispute arbitration program, contact the Bar at (619) 231-0781 or via e-mail at arbitration@sdcba.org.
FAQ’s
Q. What is the difference between Binding & Non-Binding Arbitration?
A. If you and the other party both sign the section of the Arbitration Agreement agreeing to a binding arbitration, the arbitrator's award will be binding (local rule 6.1). This means the decision is final. However, if only one party signs for binding arbitration, the decision is non-binding - for 30 days from the day the award was mailed (local rule 6.2). Within the thirty-day (30) timeframe either party may petition for a trial in court, requesting that a judge reconsider the case. Please refer to Local Rule 6 and the Notice of Your Rights After Fee Arbitration.
Q. How long does arbitration take?
A. Anywhere from 4 to 6 months if all parties co-operate. But sometimes on a case that requires a panel it might take longer because it is hard to agree on a date with so many attorneys on a panel.
Q. What is better? To go to small claims court or to Arbitration?
A. It is really up to you the client if you want to go to small claims court but you will waive your right to fee arbitration if you choose that route. If you do not like the decision from the court you cannot arbitrate after. But if you arbitrate and you do not like the non-binding decision you can always appeal in court.
Q. Will I be charged or billed by the arbitrators for the services?
A. No there is only the filing fee, the arbitrators volunteer their services to help the community and the general public
Q. What if I can’t make the scheduled Arbitration meeting? Can it be re-scheduled?
A. Once a hearing has been scheduled, the hearing will go forth. If any party to arbitration, who has been duly notified, fails to appear at the hearing, the matter may be heard and determined on the basis of the evidence produced. In the discretion of the arbitrator(s), the award may also include findings as to the willfulness of any party's non-attendance at the hearing.
Q. What happens if my case is settled or dismissed after filing for arbitration? Can I get my money back?
A. $75.00 of the initial filing fee shall be non-refundable. Written notice of settlement and/or dismissal must be provided to the SDCBA Fee Arbitration Committee to qualify for any refund as follows: If notice that the matter is settled or dismissed is received after filing, but before assignment to an arbitrator or a panel or a mediator, the Association shall retain 25% of the filing fee above the nonrefundable $75.00. If notice that the matter is settled and/or dismissed is received after assignment to an arbitrator (or panel) or mediator, but no hearing has been scheduled, the Association shall retain 50% of the filing fee above the non-refundable $75.00. If a hearing has been scheduled and written notice of the settlement and/or dismissal is received by the Association at least five (5) days prior to the scheduled hearing, the Association shall retain 75% of the filing fee above the non-refundable $75.00. No other refunds shall be made. The refund shall be made to the party who paid it.
Q. How long will it take if I file for a filing fee waiver?
A. A client may file an application for a filing fee waiver on a form, which may be obtained from the Coordinator of the Programs. The Chair or a Vice-Chair of the Fee Arbitration Committee may grant or deny the filing fee waiver or grant a reduced fee. The order of the Chair or Vice-Chair shall be final. A filing fee waiver can take from one day to ten days.
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