Farley v. Bothwell

The State Bar of Georgia's $396,606 arbitration award against appellee and his firm was not binding, since the appellee declined to proceed under the bar's binding arbitration procedures regarding the $1.45M in attorneys' fees he received in regard to the appellant's whistleblower suit.

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The trial court dismissed Ilene Farley’s application to confirm a fee arbitration award issued by the State Bar of Georgia against her former lawyer, Mike Bothwell, and his firm, Bothwell & Harris, P.C., and Farley appeals.1 Because the trial court did not err in finding that the arbitration award was not binding under the State Bar Rules and the facts of this case, we affirm the dismissal. The State Bar’s Fee Arbitration program is designed to provide a convenient mechanism to resolve disputes between lawyers and clients over fees, and is administered by the State Bar Committee on the Arbitration of Fee Disputes “Committee”. See State Bar Rules, Part VI, Arbitration of Fee Disputes, Preamble, 247 Ga. A-2. A petitioner seeking arbitration, whether lawyer or client, must agree to be bound by the award, Rule 6-201 h 4, and the respondent may either agree to be bound or not agree to be bound. See Antinoro v. Browner , 223 Ga. App. 664, 665-666 1 478 SE2d 392 1996 physical precedent only. The arbitration process differs depending on whether the respondent agrees to be bound by an award or not.

If both parties agree to be bound by the arbitration, “the award is final and binding upon them and may be enforced as provided by the general arbitration laws of the state.” Bar Rule 6-417. In that case, a party seeking to enforce the arbitrator’s decision may proceed in superior court under either the Georgia Arbitration Code2 Parks v. Anderson , 221 Ga. App. 270, 271 1 470 SE2d 811 1996, or under “the more summary and expedited proceeding” of Bar Rule 6-501. Prince v. Bailey Davis, LLC , __Ga. App.__ Case No. A10A1420, Decided Aug. 25, 2010. Under Bar Rule 6-501, the Committee must upon request file the award in superior court. If no objections are filed within 30 days, the award becomes final, and if an objection is filed, the superior court hears the issue without a jury and renders its decision from the record without a de novo trial.

Farley v. Bothwell

The State Bar of Georgia's $396,606 arbitration award against appellee and his firm was not binding, since the appellee declined to proceed under the bar's binding arbitration procedures regarding the $1.45M in attorneys' fees he received in regard to the appellant's whistleblower suit.

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