Wager

Defendant Samuel Mirzayance (defendant) retained plaintiff Donald Wager (plaintiff) to defend his son, Alexandre Mirzayance, against a charge of first degree murder. Plaintiff filed suit against defendant and his wife, Amalia Mirzayance, to recover attorney fees, expert witness fees, and costs incurred in Alexandre’s defense. Defendant sought to dismiss the suit since he was not given notice of his right to arbitrate the fee dispute as provided by Business and Professions Code section 6201, subdivision (a) (hereafter section 6201(a)). Plaintiff opposed the motion, arguing that defendant was not his client, and thus was not entitled to notice of the right to arbitration. The trial court determined that plaintiff’s lawsuit was “an action against the client” within the meaning of section 6201(a), and thus that plaintiff was required to provide defendant with notice of his right to arbitrate the fee dispute. Accordingly, the trial court dismissed the complaint. Plaintiff challenges that ruling on appeal. We affirm the trial court.

Facts

In January 1996, plaintiff was retained to assist in Alexandre’s defense pursuant to a written retainer agreement signed by plaintiff,…