Rule 1 - General Principles and Jurisdiction (a) Definitions. The following definitions shall apply in all fee arbitration proceedings. (1) "Chair" means the chairperson of the Fee Arbitration Committee, or the Chair's designee. (2) "Client" means a person or entity who directly or through an authorized representative consults, retains or secures legal services or advice from a lawyer in the lawyer's professional capacity. (3) "Committee" means the Fee Arbitration Committee. (4) "Decision" means the determination made by the panel in a fee arbitration proceeding. (5) "Lawyer" means a person admitted to the practice of law in Wyoming, or any other person who appears, participates or otherwise engages in the practice of law in this state, regardless of the status of his or her license. In these rules, the term "lawyer" includes a lawyer's assignee. (6) "Panel" means the arbitrator(s) assigned to hear a fee dispute and to issue a decision. (7) "Party" means the client, lawyer, the lawyer's assignee and any third person or entity who has been joined by the client or lawyer in the proceeding. (8) "Petition" means a written request for fee arbitration in a form approved by the Committee. (9) "Petitioner" means the party requesting fee arbitration. (10) "Respondent" means the party with whom the Petitioner has a fee dispute. (b) Establishment; Purpose. It is the Wyoming Supreme Court's policy to encourage the informal resolution of fee disputes between lawyers who practice law in Wyoming and their clients and, in the event such informal resolution cannot be achieved, to provide for the arbitration of such disputes. To that end, the Wyoming Supreme Court hereby establishes through adoption of these rules, a program and procedures for the arbitration of disputes concerning any and all fees and/or costs paid, charged, or claimed for professional services by lawyers. (c) Arbitration Mandatory for Lawyers. Fee arbitration pursuant to these rules is voluntary for clients and mandatory for lawyers if timely commenced by a client in accordance with these rules. (d) Effect of Arbitration. (1) The Fee Arbitration is final and binding where all parties have agreed in writing that it will be binding. (2) In the absence of a written agreement to be bound by the arbitration, the decision automatically becomes binding, unless, as permitted under Rule 7(b), any party seeks a trial de novo pursuant to the Wyoming Rules of Civil Procedure within 30 days after service of the decision. This 30 day time period shall not be extended by an application for modification under these rules. (3) After all parties have agreed in writing to be bound by an arbitration award, a party may not withdraw from that agreement unless all parties agree to the withdrawal in writing. At any time during the proceedings, the parties may agree in writing to be bound by the decision. (e) Jurisdiction. Any lawyer, as defined in Rule 1(a)(6), is subject to these rules for fee arbitration. (f) Disputes Not Subject to Arbitration. These rules do not apply to the following: (1) Disputes where the lawyer is also admitted to practice in another jurisdiction, the lawyer maintains no office in Wyoming, the legal services rendered did not require membership in the Wyoming State Bar; (2) Disputes where the client seeks affirmative relief for damages against the lawyer based upon alleged malpractice or professional misconduct; (3) Disputes where entitlement to and the amount of the fees and/or costs charged or paid to a lawyer by the client or on the client's behalf have been determined by statute, court order, rule, or decision; (4) Disputes where a third person is responsible for payment of the fees and the client fails to join in the request for arbitration; and (5) Disputes where the request for arbitration is filed more than one year after the lawyer-client relationship has been terminated or more than one year after the final billing has been received by the client, whichever is later, unless a civil action concerning the disputed amount is later brought by the lawyer, in which case the client shall have 30 days after service of the notice required by Rule 1(g) to file a Petition for Fee Arbitration. (g) Notice of Right to Arbitration; Stay of Proceedings; Waiver by Client. (1) Prior to or at the time of service of a summons in a civil action against his or her client for the recovery of fees, costs, or both for professional services rendered, a lawyer shall serve upon the client by certified mail return receipt requested a written notice of the client's right to arbitrate. The notice shall include a provision advising the client that failure to file a Petition for Fee Arbitration within 30 days of service of notice of the right to arbitrate shall constitute a waiver of the right to arbitrate. Failure to give this notice shall be grounds for dismissal of the civil action. (2) If a lawyer commences a fee collection action in any court, the court shall issue an order of stay upon the client giving notice to the court and the lawyer that a Petition for Arbitration was filed with the Committee within 30 days of service of the notice of the right to arbitrate. (3) After a client files a Petition, the lawyer shall refrain from any non-judicial collection activities related to the fees and/or costs in dispute pending the outcome of the arbitration. (4) Unless all parties agree in writing to the arbitration, the right of the client to petition or maintain an arbitration is waived if: (i) the client fails to file a Petition for Arbitration within 30 days of service of the notice of right to arbitrate pursuant to these rules; or (ii) the client commences or maintains a civil action or files any pleading seeking judicial resolution of the fee dispute, or seeking affirmative relief against the lawyer for damages based upon alleged malpractice. (h) Obligation to Report Lawyer Misconduct. A lawyer member of the Committee or of a panel who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises, a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority. See Rule 8.3(a), Wyoming Rules of Professional Conduct. Wyo. R. State Bar, Att'y Cond. & Prac. 1
Adopted May 10, 2016, effective October 1, 2016.