22 NYCRR 137.6 (a)(1) Amended
NY Order 17-0021 amended 22 NYCRR 137.6 (a)
(1) dealing with the Mandatory Arbitration Procedure to add a provision that
where the attorney seeks to commence an action against the client for
attorney’s fees he must comply with the Fee Arbitration Rules. It modified 22
NYCRR 137.6 to read as follows
(a)(1) Except as set forth in paragraph (2), where the attorney and
client cannot agree as to the attorney’s fee or
where the attorney seeks to commence an action against the client for
attorney’s fees, the attorney shall forward a written notice to the
client, entitled Notice of Client’s Right to Arbitrate, by certified mail or by
personal service. The notice (i) shall be in a form approved by the board of
governors; (ii) shall contain a statement of the client’s right to arbitrate;
(iii) shall advise that the client has 30 days from receipt of the notice in
which to elect to resolve the dispute under this Part; (iv) shall be
accompanied by the written instructions and procedures for the arbitral body
having jurisdiction over the fee dispute, which explain how to commence a fee
arbitration proceeding; and (v) shall be accompanied by a copy of the “request
for arbitration” form necessary to commence the arbitration proceeding.
No comments:
Post a Comment