WY · rules
W.R.Fee.Arb. 4
Commencement of proceedings
(a) Petition to Arbitrate. A fee arbitration proceeding shall commence with the filing
of a Petition for Arbitration on a form approved by the Committee. Any person who is
not the client of the lawyer but who has paid or may be liable for the lawyer’s fees may
consent to be joined by the client as a party to the arbitration. A Petition for Arbitration
brought by a client must be signed by the client and any other party included by the
client, and shall be filed with the Wyoming State Bar, P.O. Box 109, Cheyenne, Wyoming
82003.
(b) Committee Review. Within 14 days of receipt of the Petition, the Chair will review
the Petition to determine if it is properly completed and if the Committee has
jurisdiction. If the Petition is not properly completed, the Chair will return it to the
Petitioner and specify what clarification or additional information is required. If the
Committee does not have jurisdiction, the Petitioner shall be so advised. A copy of the
petition and the determination that the Committee lacks jurisdiction shall be provided
to the Respondent.
(c) Service of Petition. Within 14 days of the determination that the Committee has
jurisdiction, a copy of the Petition, and opening letter shall be served on the Respondent
by certified mail, return receipt requested. A copy of the Petition for Arbitration and
opening letter shall also be served upon the law firm, if any, with which a lawyer-party
is associated.
(d) Response to Petition. Within 21 days after receipt of the Petition and opening
letter, the Respondent shall file a response with the Administrator at the office of the
Wyoming State Bar which shall forward a copy to all other parties.
(e) Failure of a Lawyer Respondent to Respond. Failure of a lawyer Respondent to
file a response to the Petition shall not delay the scheduling of a hearing; however, in
any such case the panel may, in its discretion, refuse to consider evidence offered by the
lawyer which would reasonably be expected to have been disclosed in the response.
(f) Client Consent Required. If a lawyer files a Petition for Fee Arbitration, the
arbitration shall proceed only if the client returns a signed election to participate in
arbitration within 21 days of receipt of the Petition and opening letter.
(g) Informal Resolution. The Chair or designee shall review the Petition and
Response and determine whether informal resolution should be attempted. If it appears
that the dispute might be resolved by informal contact with Petitioner and Respondent,
the Chair or designee shall contact the parties to explore the possibility of an informal
resolution of the dispute. If an informal resolution is attained, an order embracing the
terms of the informal resolution shall be prepared by the Chair or designee and
transmitted to the parties.
(h) Appointment of Panel. If the Chair or designee determines that an attempt at
informal resolution would be ineffectual, or if an attempt at informal resolution is
unsuccessful within 30 days after receipt of the Response to the Petition, then the Chair
or designee shall notify the parties that the matter is being referred for an arbitration
hearing. In that event, the Administrator shall appoint a panel and mail to the parties
written notification of the name(s) of the panel member(s) assigned to hear the matter.
A copy of the written notification shall be mailed to the panel member(s).
History
History: Added May 10, 2016, effective October 1, 2016; amended December 10, 2020, effective February 1, 2021.
Provenance
- Source
- wyocourts.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
c3156b3aee9d0652807c2803fe2a592a0feae69f3e5c1303efeea8b72e0ebfd8
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