Rule 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 10 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. (c) Service of Petition; Response. Within five 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. Within 20 days after receipt of the Petition and opening letter, the Respondent shall file a response with the Committee at the office of the Wyoming State Bar which shall forward a copy to all other parties and the Chair. (d) Failure of a Lawyer Respondent to Respond. Failure of a lawyer Respondent to file the Fee Arbitration Response Form 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. (e) Client Consent Required. If a lawyer files a Petition for Arbitration, the arbitration shall proceed only if the client files a written consent within 20 days of receipt of the Petition and opening letter. (f) Informal Resolution. The Chair 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 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 and transmitted to the parties. (g) Appointment of Panel. If the Chair determines that an attempt at informal resolution would be ineffectual, or if an attempt at informal resolution is unsuccessful within 21 days after receipt of the Response to the Petition, then the Chair 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). Wyo. R. State Bar, Att'y Cond. & Prac. 4
Adopted May 10, 2016, effective October 1, 2016.