King

In this appeal we decide whether dismissal is mandatory or discretionary under Business and Professions Code section 6201, subdivision (a), for a lawsuit filed by an attorney against a client to recover fees if the attorney fails to give notice of the client’s right to arbitration. The trial court concluded dismissal was mandatory. Because we conclude that dismissal is discretionary, we reverse.

Factual and Procedural Background

Appellant Richards, Watson & Gershon, a Los Angeles law firm (hereafter appellant), represented Sidney King before his death in February 1993. When he died, Mr. King owed appellant more than $70,000 for legal services.

In February 1994, appellant filed a complaint against Mr. King’s widow, respondent Marcia A. King (hereafter respondent), for payment of the debt from her community property. Instead of immediately serving its complaint, however, appellant wrote a letter to respondent asking to meet to discuss payment. In its letter, appellant suggested respondent “may wish to consult legal counsel” in advance of any such meeting.

Two days later, respondent’s daughter, who was an attorney, called appellant on respondent’s behalf. She asked for a…