The arbitration of fee disputes shall be subject to the following rules:
1. Arbitration shall be instituted by filing with the State Bar of New Mexico a Petition and Agreement to Submit Controversy to Arbitration form, which shall state the specific nature of the controversy. Approved forms are available from the Client Attorney Assistance Program (“CAAP”) of the State Bar of New Mexico.
2. Filings with the State Bar shall be made by submitting one completed, signed and dated Petition and Agreement to:
Client Attorney Assistance Program
State Bar of New Mexico
P. O. Box 92860
Albuquerque, New Mexico 87199
3. The Petition will be reviewed, and if there is any doubt as to the propriety of arbitration in any particular case, the CAAP attorney may consult with the Chair of the Fee Arbitration Panel (“Panel”) of the Client Relations Committee of the State Bar of New Mexico. Petitioner will be notified if the matter is not appropriate for fee arbitration.
4. Promptly following the receipt of the Petition and Agreement signed by the petitioner, and being satisfied that the controversy is a proper one for arbitration, the CAAP attorney shall submit a copy of the Petition and Agreement along with the Respondent Agreement to Submit Controversy to Arbitration form to the respondent by mail.
5. The respondent shall have twenty business days from the mailing of the Respondent Agreement (along with a copy of the Petition and Agreement) within which to sign and return the Respondent Agreement. A response may also be submitted at the time of returning the signed Respondent Agreement. If the respondent does not return the signed Respondent Agreement within twenty business days, or seek an extension of time in which to respond, respondent shall be deemed to have refused to arbitrate and the petitioner shall be so notified and the file will be closed. Extension of the time to respond shall be given at the discretion of the CAAP attorney.
6. Upon receipt of the signed Respondent Agreement, CAAP staff shall assign an arbitrator, in the judicial district where the dispute arose, if possible. If more than one arbitrator is requested, in accordance with Rule 8, the CAAP staff or the lead arbitrator shall designate two other arbitrators.
7. All arbitrators appointed under these rules shall be members in good standing of the State Bar of New Mexico or shall be non-lawyer members appointed to the Panel. Members in good standing of the State Bar of New Mexico, who are not members of the Fee Arbitration Panel, may be asked to serve as an arbitrator when factors of time, distance and availability so require.
8. When the amount in controversy is $10,000 or less, the hearing shall be before a single arbitrator. When the amount in controversy is more than $10,000, either the petitioner or respondent may request a panel of three arbitrators. When the amount in controversy is $1,000 or less, the CAAP managing attorney may assign the matter an arbitrator in-house.
9. The arbitrator or panel of arbitrators shall proceed as expeditiously as possible to hear and resolve the controversy. It shall be the responsibility of the arbitrator (or arbitration panel chair) to select the hearing date, and provide appropriate notice to the parties to the arbitration and the arbitration panel members if a panel has been selected. As deemed appropriate, hearings may be conducted telephonically.
10. A record of the hearing may be made at the expense of the party requesting it by written request to the arbitrator(s) promptly following receipt of the notice of hearing.
11. Except as may otherwise be expressly provided in these rules, all arbitrations shall be held in accordance with the New Mexico Uniform Arbitration Act (§§44-7A-1 to 44-7A-32 NMSA 1978) and the arbitrator(s) shall have all the powers of an arbitrator under the Uniform Arbitration Act.
12. The parties to the arbitration are entitled to be heard, to be represented by an attorney, to present evidence and to cross-examine witnesses appearing at the hearings, but the rules of evidence and the rules of civil procedure need not be observed. On the request of any party to the arbitration or any arbitrator, the testimony of witnesses shall be given under oath.
13. The arbitrators may hear and determine the controversy upon the testimony and the evidence produced notwithstanding the failure of a party duly notified to appear.
14. If one of the members of the fee arbitration panel who has been duly notified for any reason fails to participate in the arbitration, the remaining arbitrator or arbitrators may proceed with the arbitration.
15. The award shall be in writing and signed by the arbitrator(s) concurring therein. The award shall include the determination of all issues submitted to the arbitrator(s) upon which a decision is required to decide the controversy. The award need not be in any particular form, but should in general consist of a preliminary statement reciting the jurisdictional facts, i.e., that a hearing was held upon notice pursuant to a written agreement to arbitrate; that the parties were given an opportunity to testify and cross-examine, etc.; a brief statement of the dispute; the findings of fact; and the award.
16. The original of the award of the panel shall be signed by the arbitrator(s) concurring therein, which shall be forwarded to CAAP. CAAP staff will then mail a signed copy of the award to each party to the arbitration, and retain the original in the CAAP file.
17. Any arbitration award rendered shall be final and binding upon the parties and may be confirmed and enforced by any court of competent jurisdiction.
18. The CAAP Manager shall report to the Executive Director of the State Bar in writing, at least once annually with respect to the matters referred and the status of such matters.
19. Whenever it is deemed advisable by the arbitrator(s) or whenever requested by the Executive Director, the file in any matter shall be transmitted to the Executive Director for consideration, action, or referral to the Board of Bar Commissioners.
20. These rules may be modified from time to time by the Executive Director of the State Bar of New Mexico.
Agreement to Submit Controversy to Arbitration and Petition for Arbitration forms are available from the CAAP office at P. O. Box 92860, Albuquerque NM 87199, or www.nmbar.org.
Fee Arbitration Rules (PDF)