B. Procedure
Jurisdiction | New York |
B. Procedure
In the event a fee dispute arises, the attorney shall serve upon the client, by certified mail or personal service, a "Notice of Client's Right to Arbitrate."155 This notice must advise the client that he or she has 30 days from receipt of notice to elect arbitration. Instructions and procedures concerning initiation of a fee arbitration proceeding and a copy of the "Request for Arbitration" form necessary to commence the proceeding must be included.156 If the client does not file a request within this 30 day period, the right to arbitration is waived and the attorney may file a court action to recover the fee.157 If, however, the client elects to arbitrate, he or she must file the request with the appropriate arbitral body, which will then mail a copy of the form along with an...
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- I. Introduction
- II. Arbitration Agreement
- A. Basic Agreement
- B. Choice/Conflict-Of-Law Issues
- C. Selection of the Arbitrator(S)
- III. Enforceability of Arbitration Agreements
- A. Punitive Damages
- B. Fraud Or Duress
- C. Waiver
- D. Statute of Limitations
- E. Class Action Arbitration
- lV. Arbitration Procedure
- A. Service of Notice
- B. Right To Seek Stay
- V. Application For Stay
- A. Grounds and Procedure
- B. Venue and Consolidation
- VI. Hearing Procedures
- A. Rights of Parties
- B. Powers of the Arbitrator
- VII. Procedure After Decision Is Rendered
- A. Modification of Award By Arbitrator
- B. Vacating Or Modifying Award By the Court
- C. Confirmation of the Award
- VIII. Judgment on the Award
- lX. Attorney-Client Fee Disputes
- A. Amendment of Documents
- B. Procedure
- C. Arbitration Hearings
- D. De Novo Review
- Arbitration—Index of Forms
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