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Attorney-Client Fee Disputes

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Permission is granted to reprint and post this article as written. Biography Tweet Mediating since and arbitrating since , Ron has initiated and guided enactment of dozens of key sections of California law protecting the integrity of ADR. He’s a founder of two of California’s main ADR professional organizations. He’s been honored with eight major awards for his pioneering work in building the field, including Peacemaker of the Year in California and Honored Instructor at Berkeley.

As an arbitrator and mediator, Ron’s helped thousands of lawyers, business professionals and government agencies settle their disputes quickly and fairly.

A California attorney may represent a client that regularly transmits and stores unnecessary and out-of-date digitally stored documents vastly outweighs any.

Corporate Client informs Litigation Attorney that it has received a demand letter from a lawyer accusing Corporate Client of specific misconduct and threatening to sue unless Corporate Client ceases the conduct and negotiates a resolution. Corporate Client informs Attorney it does not intend to comply. Attorney gives the issue no further thought.

Three months later Corporate Client informs Attorney that the lawyer who authored the demand letter has sued Corporate Client in federal court alleging the same misconduct identified in the letter. Attorney, while an experienced trial lawyer, is not particularly sophisticated in his understanding or use of digital technology. Attorney accepts the engagement.

What conditions, consistent with the California Rules of Professional Conduct and the State Bar Act, must an attorney meet to represent a client in litigation when that client regularly transmits and stores information digitally, including by email? It is hardly a revelation that we now live in a digital world.



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