Rule 34 - General Principles and Jurisdiction(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. Old Rule 34 [SCO 176] deleted and new Rule 34 added by SCO 780 effective 3/15/1987; amended by SCO 1044 effective 1/15/1991; by SCO 1147 effective 7/15/1994; by SCO 1372 effective 4/15/2000; and by SCO 1497 effective 4/15/2003