Legal Question in Consumer Law in California

Re: Contract Dispute

In addition to what my colleagues say, a fee arbitration is non-binding, unless the parties both consent to its being binding before the arbitration occurs. I think you can argue that the retainer agreement's "binding" arbitration provision is unconscionable and unlawful.

Also, I'm not certain that CCP � 1284.3(a) applies to a dispute with an attorney, inasmuch as one can argue you're not necessarily a "consumer" in the sense that the law requires. You might do more research on that issue. Under the Consumer Legal Remedies Act, a "consumer" is defined as "an individual who seeks or acquires, by purchase or lease, any goods or services for personal, family or household purposes."

Re: Contract Dispute

Your question is unique. I suggest you check with the State Bar of CA.

http://www.calbar.ca.gov

If you don't find the info you need on the website, call them.

Re: Contract Dispute

It depends upon what your dispute is about. If the dispute is about the fees you have paid or are being asked to pay, the attorney should have notified you of your right to arbitration through the local bar association. Whether he failed to notify you of your right to arbitrate or not, you can still go to the county bar association and ask to file a request that your dispute be arbitrated before its mandatory fee arbitration committee.

You can try to refile the small claims complaint since it was dismissed without prejudice, but you are likely going to see the attorney file another petition to compel arbitration, and another refusal to waive the conflict with Code of Civil Procedure section 1284.3.