2/14/18 N.Y. St. Reg. Court Notices

NY-ADR

2/14/18 N.Y. St. Reg. Court Notices
NEW YORK STATE REGISTER
VOLUME XL, ISSUE 7
February 14, 2018
COURT NOTICES
 
AMENDMENT OF RULE
Rules of the Chief Administrator
Pursuant to the authority vested in me, and with the advice and consent of the Administrative Board of the Courts, I hereby amend, effective immediately, 22 NYCRR § 137.6(a)(1) of the Rules of the Chief Administrator, relating to the Fee Dispute Resolution Program, effective January 1, 2018, to read as follows (new matter bolded and underlined):
Section 137.6 Arbitration procedure.
(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.
End of Document