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Rule 14-1108. Relief grantedby award; accord and satisfaction application to court;confidentiality; enforceabilityof award; claims of malpractice.

(a)  If theaward determines that the lawyer is not entitled to any portion of the disputed fee,service of a copy of such award onthe lawyer:

(a)(1) terminates all claims and interests of the lawyer against theclient with respect to the subject matter of the arbitration;

(a)(2) terminates all right of the lawyer to retain possession of anydocuments, records or otherproperties of the client pertaining to the subject matter of the arbitrationthen held under claim of the lawyer's lien or for other reasons; and

(a)(3) terminatesall right of the lawyer to oppose the substitution of one or more other lawyers designated by the client in anypending litigation pertaining to the subjectmatter of the arbitration.

(b)  If theaward determines that the lawyer is entitled to some portion of his or her fee, the award must state the amount to whichhe or she is entitled and payment of this amount shall:

(b)(1)constitute a complete accord and satisfaction of all claims of the lawyeragainst the client with respect to the subject matterof the arbitration;

(b)(2) terminate all right of the lawyer to retain possession of any documents,records or other properties of theclient pertaining to the subject matter of the arbitration then held under claim of lawyer's lien or for other reasons; and

(b)(3)terminate all right of the lawyer to oppose the substitution of one or more other lawyers designated by the client in placeof the lawyer in any pending litigation pertaining to the subjectmatter of the arbitration.

(c)  Confidentiality.All documents, records, files, proceedings and hearings pertaining to the arbitration of a fee dispute underthese rules shall not be open to the public or to a person not involved in the dispute.

(d)  If both parties have signed a binding agreement to arbitrate any awardrendered in

 

such case may beenforced by any court of competent jurisdiction in the manner providedin the Utah Uniform Arbitration Act without furtherassistance by the Bar.

(e)  Claims ofmalpractice. A decision rendered by the panel regarding a disputed fee generated by the lawyer/clientrelationship must not bar any claim the client may have against the lawyer for malpractice by the lawyer in the courseof the lawyer/client relationship.

Effective May 1, 2021.