(Approved May 12, 1992) (Revised November 24, 1992; December 6, 1994; December 2, 1997; May 18, 1998) Arbitration Hearing: 9.1 Each party to a dispute has the right to be represented at the Hearing or any stage of the proceedings by counsel or other representative at his/her own expense. For cause shown or on its own motion, the Committee may, in its discretion, assign a Committee member as an attorney to represent a "client" Petitioner or "client" Respondent in any proceedings before a Hearing Panel. 9.2 A party that has consented to binding arbitration may waive their appearance at the oral hearing by notifying the Secretary in writing. If all parties agree, they may waive oral hearings and may submit their contentions in writing, together with exhibits, to the Hearing Panel and the opposing party. The Hearing Panel shall notify the parties of a schedule for written submissions, allowing each party not less than 10 days nor more than 30 days from the date of notice for compliance. 9.3 If any party to an arbitration who has been notified fails to appear at the Hearing, the Chief Arbitrator, after inquiry into the reason for the party's failure to appear, may, in his/her discretion, either dismiss the Petition without prejudice, postpone the Hearing, or proceed with the Hearing and determine the controversy upon the evidence produced and enter an Award, notwithstanding any such failure to appear. 9.4 The testimony of all witnesses shall be given under oath, administered by the Chief Arbitrator. 9.5 Photocopies of documents shall be submitted rather than originals, unless: (1) a genuine question is raised as to the authenticity of the original; or (2) in the circumstances it would be unfair to submit the photocopy in lieu of the original. 9.6 The Chief Arbitrator shall preside at the Hearing. S/he shall be the judge of the relevance and materiality of the evidence offered and shall make all rulings on questions of procedure. S/he shall exercise all powers relating to the conduct of the Hearing. Conformity to the technical rules of evidence shall not be required. 9.7 On the hearing date, the Hearing Panel shall meet, take testimony, receive evidence, and hold a complete and full hearing on the matter. 9.8 All parties to the arbitration shall have an absolute right to attend all Hearings, to present evidence, and to cross examine witnesses appearing at any Hearing. The exclusion of other persons or witnesses waiting to be heard shall rest in the discretion of the Hearing Panel. 9.9 The Arbitrators, through the Chief Arbitrator, may request opening statements and may prescribe the order of proof. In any event, all parties shall be afforded full and equal opportunity for the presentation of any material evidence. 9.10 The Chief Arbitrator may adjourn the Hearing from time to time as necessary. Upon request of a party to the arbitration for good cause, or upon his/her own determination, the Chief Arbitrator may postpone the Hearing from time to time. 9.11 Adjourned dates for the continuation of any Hearings, or new hearing dates for Hearings postponed at the direction of the Chief Arbitrator, shall be fixed for such times and places as the Arbitrators may select with due regard to the circumstances of all the parties and the desirability of a speedy determination. 9.12 The provisions of the Maryland Uniform Arbitration Act, Annotated Code of Maryland, CJ 3-217(a) and (c), pertaining to the issuance and enforcement of subpoenas in arbitration proceedings shall be applicable to the arbitration proceedings held pursuant to these Rules. 9.13 On application of a party and for use as evidence, the Arbitrators may permit a deposition to be taken in the manner and upon the terms designated by the Arbitrators if a witness is unable to attend a Hearing. 9.14 In those cases in which the client is represented by counsel and the amount in dispute exceeds $2,500, the Chief Arbitrator, in his/her sole discretion, may authorize the use of discovery procedures, including, but not limited to, depositions and interrogatories, under such terms as s/he shall deem appropriate. In the event the Chief Arbitrator authorizes the use of discovery procedures and such authorization does not limit their use, the Maryland Rules of Civil Procedure shall be applicable. The parties shall be encouraged to freely exchange or permit inspections of documents and conduct informal discovery. The extent to which the parties cooperate or fail to cooperate in informal discovery may be considered by the Chief Arbitrator in deciding on the extent to allow formal discovery. 9.15 Before closing any Hearing, the Chief Arbitrator shall specifically inquire of all parties whether they have further evidence to submit, in whatever form. If the answer is negative, the hearing shall be declared closed. The Chief Arbitrator shall set a date for submissions of memoranda or briefs, if requested by the Hearing Panel. 9.16 The Hearing may be reopened by the Hearing Panel on its own motion or on application of a party at any time before the Award is signed and filed with the Secretary. 9.17 In the event of the death or incompetency of a party to the arbitration proceeding prior to the close of the Hearing, the proceeding shall be abated without prejudice to either party to proceed in a court of proper jurisdiction to seek such relief as may be warranted. In the event of the death or incompetency of a party after the close of the Hearing but prior to an Award, the decision rendered shall be binding upon the heirs, personal representatives, and beneficiaries of the deceased party, and on the estate and guardian of the incompetent party. 9.18 Any party may have a hearing reported by a certified shorthand reporter or mechanical recording thereof at his/her expense by written request presented to the Chief Arbitrator at least three days prior to the date of the Hearing. In the event of such request, any other party to the arbitration shall be permitted to receive at, his/her own expense, a copy of the reporter's transcript of the testimony or mechanical recording by arrangements made directly with the reporter. A copy of any prepared transcript shall be made available to the Hearing Panel at the expense of the requesting party. When no party to the arbitration requests that the Hearing be recorded, and the Hearing Panel or Sole Arbitrator deems it desirable to have a Hearing recorded, the Chief Arbitrator or Sole Arbitrator may use such recording device as s/he selects. Transcripts may be prepared from recordings under the direction of the Arbitrators, upon advance payment of costs for such transcripts. Failure of the recording device to produce a legible recording or accidental destruction of such recording shall not be grounds to set aside an arbitration Award. Award of Arbitration: 10.1 The Hearing Panel shall render its Award within a reasonable period of time, ordinarily within 14 days, after the close of the Hearing or final Hearing (if more than one has been held) or within a reasonable period of time, ordinarily 14 days, following the meeting of the Hearing Panel to which the dispute is submitted under Rule 9.2 hereof. 10.2 The arbitration Award shall be made by a majority of the Hearing Panel, or by the sole arbitrator. The Award shall be in writing and signed by the members of the panel concurring therein. The Award shall include a determination of all questions submitted to the panel, the decision of which shall be necessary to resolve the controversy. 10.3 There shall be no established form for the Award, but it should set forth a brief statement of the dispute, the questions dealt with, the findings of the Panel and the Award, together with directions for the disbursement or disposition of monies to the parties. 10.4 The Arbitrators may include in the Award a direction for payment of expenses related to the proceedings excluding, however, fees to Arbitrators, client representatives, or counsel. 10.5 If a majority of the Hearing Panel cannot agree on a decision, the matter shall be resubmitted, de novo, to a new Panel. 10.6 The Chief Arbitrator shall forward the signed Award, together with any new documentary evidence presented at the Hearing, copies of transcripts not previously made part of the file, and/or a copy of any transcript of the Hearing, as applicable, to the Secretary, who shall thereupon, for and on behalf of said Panel, serve a copy of the signed Award on each party and each panel member, personally or by first class mail. Each Arbitrator shall then forward copies of all documents relating to the Hearing to the Secretary for storage. 10.7 In any subsequent court proceedings where the subject matter of the fee dispute or the integrity of the arbitration proceeding is an issue, the Committee may appoint counsel and provide expert testimony as it deems necessary and proper. 10.8 If the Award shall determine that the participating attorney or attorneys who consented to binding arbitration are not entitled to any portion of the disputed fee, service of a copy of such Award on said attorney or attorneys shall: (a) terminate all claim and interest of the participating attorney or attorneys against the participating client or clients or other participating attorneys in respect to the subject matter of the arbitration; (b) terminate all right of such attorney or attorneys to retain possession of any documents, records or other properties of such client or clients pertaining to the subject matter of the arbitration which has been held under claim of attorney's lien; and (c) terminate all right of such attorney or attorneys to oppose the substitution of one or more other attorneys designated by such client or clients in any pending litigation pertaining to the subject matter of the arbitration. 10.9 If the Award shall be in favor of an attorney or attorneys who consented to binding arbitration, it shall fix the amount to which s/he or they are found to be entitled. Payment of that amount shall: (a) constitute a complete satisfaction of all claims and interest of the participating attorney or attorneys against the participating client or clients or other participating attorneys in respect to the subject matter of the arbitration; (b) terminate all right of such attorney or attorneys to retain possession of any documents, records, or other properties of such client or clients pertaining to the subject matter of the arbitration then held under claim of attorney's lien; and (c) terminate all right of such attorney or attorneys to oppose the substitution of one or more other attorneys designated by such client or clients in place of the participating attorney or attorneys in any pending litigation pertaining to the subject matter of the arbitration. 10.10 If the subject matter of an Award in favor of an attorney or attorneys who have consented to binding arbitration involves pending litigation and a client or clients, for good reason, shall be unable to pay promptly and in full the amount of any Award rendered against him/her or them, application may be made to any court having jurisdiction for a determination of a method deemed adequate to secure payment. If such determination shall be made and the terms thereof be promptly fulfilled by the client or clients, such compliance shall entitle the client to the relief specified by the provisions of Rule 10.9 (a), (b), (c) hereof. Communication Between the Parties: 11.1 With the exception of rulings on discovery matters by the Chief Arbitrator, there shall be no communication between the parties and the members of the Hearing Panel regarding the subject matter of the arbitration other than at the arbitration proceedings. Any other oral or written communications from the parties to the members of the Panel or from the members of the Panel to the parties shall be directed to the Secretary for transmittal. Confidentiality: 12.1 Unless ordered by a court of competent jurisdiction, with the exception of the Award itself, all records, documents, files, proceedings, and hearings pertaining to the arbitration of any fee dispute under these Rules shall not be open to the public or to any person not involved in the dispute.
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