The Attorney/Client Arbitration Board of the District of Columbia Bar provides an informal arbitration service, for a nonrefundable filing fee of $25.00, for resolution of lawyer malpractice claims between members of this Bar and their clients. Either the client or the lawyer may request arbitration, but both parties must agree to submit to arbitration before a case can be assigned to a hearing panel.
This service is an informal, quick and efficient means of resolving malpractice claims. Arbitration may be completed within 120 days of receipt of signed agreements to arbitrate from both parties, while litigation of the same dispute might take a year or longer.
The Attorney/Client Arbitration Board (ACAB) has separate forms and rules of procedure for fee disputes and lawyer malpractice claims. This set of forms pertains to the lawyer malpractice service only. If your claim of lawyer malpractice includes a claim for fees, you will need to obtain the fee dispute forms as well.
A copy of the rules of procedure will be sent to all parties who submit their disputes to the ACAB for resolution. The rules of procedure governing arbitration conform with the District of Columbia arbitration law. In cases in which a lawyer does not agree to his or her client’s request to arbitrate, the client may, in certain circumstances, be referred to or provided with an attorney.
Awards of the ACAB hearing panels are binding on both parties to a dispute. Settlements between the parties are encouraged and may be incorporated into a panel’s award.
Signing an agreement to arbitrate limits the parties to arbitration before the ACAB as the forum for resolving this dispute.
There is no appeal process before the ACAB and only a limited right of appeal is available to parties in the District of Columbia Superior Court under Title 16, Chapter 43, of the District of Columbia Code. Under Sections 16-4311 and 16-4312 of the Code, the Court has the authority, on prompt application, to vacate or modify an award only in certain stated circumstances, such as obtaining the award by “corruption, fraud or other undue means.”
An award may be enrolled as a judgment of a court that has authority over the parties. For purposes of enforcement and collection, it becomes like any other judgment of the court.
When the ACAB receives signed agreements from both parties, the case will be assigned to an arbitration hearing panel.