Kling

INTRODUCTION

Steven J. Horn, an attorney, represented Anthony L. Kling, also an attorney, in a lawsuit. A fee dispute arose: Horn wanted Kling to pay fees he owed, Kling wanted to recover fees he had paid. Horn filed a demand for arbitration with the American Arbitration Association (AAA) pursuant to the arbitration provision in his retainer agreement. Kling, in turn, filed a demand for arbitration with the Los Angeles County Bar Association (LACBA) under the Mandatory Fee Arbitration Act (MFAA), Business and Professions Code section 6200 et seq.1 The AAA stayed its arbitration while Kling and Horn participated in the LACBA arbitration. Kling partially prevailed in the latter, obtaining a nonbinding award that required Horn to repay Kling some of the fees Kling had paid him. But Kling, apparently believing he could recover more from Horn, rejected the award and filed an action in the Los Angeles County Superior Court seeking a trial after the LACBA arbitration. Meanwhile, back in the AAA arbitration, Horn sought and obtained an order lifting the stay. Despite receiving notice the AAA arbitration was no longer stayed, Kling declined to participate. The AAA arbitrator awarded Horn…