Huang

Huang v. Cheng

Good Law
66 Cal. App. 4th 1230·78 Cal. Rptr. 2d 550
Court of Appeal of CaliforniaOctober 16, 1998G022588California1,709 words

Opinion

Opinion

Sonenshine, J.

—Attorney David J. Huang appeals from the dismissal of his collection action against his former clients, Andrew and Yvonne Cheng. In this case of first impression we decide Business and Professions Code section 6201 requires attorneys to provide their clients with written notice of the right to arbitrate only after a fee dispute has arisen.

I

From May 11, 1992, to March 19, 1993, Huang represented the Chengs in four different lawsuits. On March 25, 1993, he sent the Chengs a $61,477.50 bill for his services. The next day, he mailed them a California State Bar form entitled “Notice of Client’s Right to Arbitrate,” describing how to request arbitration for fee disputes pursuant to section 6201. In boldface type it notified the Chengs their arbitration rights would be waived if they: “(1) Fail to request arbitration within 30 days from receipt of this notice; or (2) Receive this notice and then answer a complaint . . . without first having served and filed a request for arbitration; or (3) Commence an action or file any pleadings seeking judicial resolution of [the] dispute or seeking affirmative relief . . . based upon alleged malpractice or professional negligence.” (See…

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