As amended through November 12, 2024
Rule 38 - The Executive Committee of the Fee Dispute Resolution Program(a) Definition. The president will select one attorney member from each area fee dispute resolution division, and one public member, who together with the Bar's president-elect will constitute the five member executive committee of the fee dispute resolution program. The Bar Counsel will serve in an ex-officio capacity and will be a non-voting member of the executive committee. The board or Bar Counsel may orally or in writing direct the submission of any matter to the executive committee. The votes on any matter may be taken in person or by conference telephone call. (b) Quorum. Three voting members of the executive committee will constitute a quorum at any meeting. (c) Powers and Duties. The executive committee will have the powers and duties to: (1) review the general operations of the Bar's fee dispute resolution program; (2) review the summaries of denials of petitions prepared by Bar Counsel; (3) formulate rules of procedure and determine matters of policy not inconsistent with these rules; (4) in accordance with Rule 37(i)(6), hear and determine questions regarding the interpretation and application of these rules; (5) approve forms developed by Bar Counsel to implement the procedures described in these rules; and (6) refer apparent violations of Bar Rule 35 to Bar Counsel for disciplinary investigation, including instances in which attorneys have had substantial numbers of fee arbitrations filed against them even if no individual arbitration panel has recommended referral to Bar Counsel pursuant to Bar Rule 40(q)(4). (d) Meetings. The executive committee will meet at least biannually and may meet at such other times as it deems appropriate, either in person or by conference telephone call. Minutes outlining the actions taken by the executive committee during its meetings will be the responsibility of the Bar Counsel and will be available to the board, members of area divisions, Bar members, and to the public, except that the executive committee will meet in executive session when discussing a specific petition or arbitration proceeding. Old Rule 38 [SCO 176 as amended by SCO 470] deleted and new Rule 38 added by SCO 780 effective 3/15/1987; amended by SCO 888 effective 7/15/1988; by SCO 962 effective 7/15/1989; by SCO 970 effective 7/15/1989; and by SCO 1498 effective 4/15/2003