Q: If Attorney/Client have a valid Arbitration Clause between them in California, can the case be heard at a private forum?

A: Typically, the Arbitration clause itself describes the terms of the Arbitration, however, whether it does or not, the parties can agree on any terms they want, including waiving the Arbitration Clause altogether.

Personally, especially, in Legal Malpractice cases, I despise Arbitrations. Usually, arbitrators are retired judges. And what is another term for retired Judge? -- Attorney, with a built-in bias in favor of attorneys.

Even when there is an Arbitration Clause, I almost always file a Complaint in Superior Court, and let the Defendant move the case to Arbitration. Although the Courts favor Arbitration, in my experience, most Judges make the Defendant "dot every 'i' and cross every 't.' " I have had considerable success in avoiding Arbitration.

A: Attorney Arbitration Clauses have to meet certain requirements to be valid.

If valid, they would go into a private forum arbitration. If the arbitration firm is not named in the agreement, any private firm providing mediation services, or private mediators may be used.

If it is a fee dispute, there is an additional choice of the client which is to pursue a fee dispute arbitration through a State Bar approved Arbitration Provider, such as County Bar Associations.

A: In California, an arbitration clause between an attorney and a client would generally fall under the category of professional services arbitration rather than consumer or employment.

The California State Bar has specific rules and guidelines concerning attorney-client arbitration. If the arbitration clause in the agreement specifies a particular forum or allows for a private forum, and both parties have consented to it, then the case can be heard at that private forum. It's essential, however, to ensure that the clause and the forum's procedures adhere to all ethical and legal standards required for attorney-client relationships in California.

Always review the specific language of the arbitration clause and consult with fellow attorneys if there are concerns about its enforceability or propriety.

A: In California, when an attorney and client have a signed agreement containing an arbitration clause, the nature of the arbitration typically depends on the underlying nature of the dispute. For instance, if the dispute relates to fees, it might be classified differently than a claim of malpractice.

The type of arbitration is typically determined by the substance of the client's claims. If the client's claim arises out of the professional services rendered by the attorney, it may be deemed a professional negligence or malpractice claim. If it concerns the payment or refund of fees, it may be seen as a fee dispute.

California does have mandatory fee arbitration if the dispute is about fees or costs, under the Mandatory Fee Arbitration Act (MFAA). However, parties can agree to arbitrate outside of the MFAA.

As for where the arbitration can be held, if the arbitration clause specifies a private forum or allows for the parties to mutually select an arbitrator, then it can indeed be heard in a private forum, provided that the forum or process does not violate any provisions of California law or public policy. It's essential, however, to ensure that the chosen forum adheres to the procedural requirements set forth in the California Arbitration Act, especially if the agreement attempts to waive or modify certain consumer protections.

A: Arbitration clauses can sometimes identify the hosting organization (American Arbitration Association or other), and other conditions that must be complied with if both sides agreed to arbitration. Good luck