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Wednesday, March 21, 2018

Court Rules Amendments - 22 NYCRR 137.6 (a)(1) Amended




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.
 

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