Alaska Bar R. 34

(a) Fee Dispute Resolution Program Established. It is

the policy of the Alaska Bar Association to encourage the

amicable resolution of fee disputes between attorneys and their

clients which fall within the Bar’s jurisdiction and, in the event

such resolution is not achieved, to arbitrate and determine such

disputes. To that end, the Board of Governors (hereinafter

“board”) of the Alaska Bar Association (hereinafter “Bar”)

hereby establishes through the adoption of these rules of fee

dispute resolution (hereinafter “rules”), a program and

procedures for the arbitration of disputes concerning any and

all fees paid, charged, or claimed for professional services by

attorneys.

(b) Mandatory Arbitration for Attorneys. Arbitration

pursuant to these rules is mandatory for an attorney when

commenced by a client. For the purpose of these rules, a

“client” includes any person who is legally responsible to pay

the fees for professional services rendered by an attorney.

(c) Fee Disputes Subject to Arbitration. All disputes

concerning fees charged for professional services or costs

incurred by an attorney are subject to arbitration under these

rules except for:

(1) disputes where the attorney is also admitted to

practice in another state or jurisdiction and (s)he maintains no

office in the state of Alaska and no material portion of the legal

services were rendered in the state of Alaska, unless (s)he

appeared under Alaska Civil Rule 81;

(2) disputes where the client seeks affirmative relief

against the attorney for damages based upon alleged

malpractice or professional misconduct; or

(3) disputes where the fee to be paid by the client or on

his or her behalf has been determined pursuant to state statute

or by a court rule, order or decision;

(4) disputes which occur after April 15, 2003 over fees

which were charged more than three (3) years earlier, unless

the attorney or client could maintain a civil action over the

disputed amount.

(d) Attorney Jurisdiction. Any attorney admitted to the

practice of law in Alaska, or any other attorney who appears,

participates or otherwise engages in the practice of law in this

state, unless exempted under Section (c)(1) of this rule, is

subject to the jurisdiction of the courts of this state, the Board

of Governors of the Alaska Bar Association, and these rules of

attorney fee dispute resolution.

(e) Duty to Assist. Each member of the Bar is

encouraged to inform any member of the public who has a fee

dispute of the existence of the fee dispute resolution program.

Each member of the Bar has the duty to cooperate with and

assist Bar Counsel in the efficient and timely arrangement for

and disposition of fee arbitrations. This duty to assist Bar

Counsel extends to the staff of the Alaska Bar Association, and

to the staff of any entity outside the association designated by

the board to assist in or assume administration of the Bar’s fee

dispute resolution program.

(f) Venue. Fee dispute arbitration in this state will be

divided into the following three areas:

(1) Area 1—the First Judicial District:

(2) Area 2—the Second and Fourth Judicial Districts

combined and:

(3) Area 3—the Third Judicial District.

Venue will lie in that area in which an attorney maintains

an office or in the area in which the legal services for which

fees were paid, charged, or claimed occurred. The parties may,

by stipulation, agree to a different venue.

(g) Immunity. Members of the board, members of Area

Fee Dispute Resolution Divisions, members of the executive

committee, Bar counsel, Bar staff, and the staff of any entity

designated by the board to assist in or assume administration of

the Bar’s fee dispute resolution program are immune from suit

for conduct in the course and scope of their official duties as

set forth in this rule.

(h) Complex Arbitration.

(1) Upon recommendation by bar counsel or a panel

chair, the executive committee may determine that a dispute

constitutes a complex arbitration based on any of the following

factors:

(A) complex legal or factual issues are presented;

(B) the hearing is reasonably expected to or does exceed

eight (8) hours; or

(C) the amount in dispute exceeds $50,000.00.

Such determination may be made at any time after the

filing of a petition but before the hearing on the merits of the

petition begins, unless the parties otherwise agree.

(2) When a case is determined to be complex, the

executive committee may require payment by one or both

parties for reasonable costs of administration and arbitration.