SC-101 – Attorney Fee Dispute (After Arbitration)

Jurisdiction: Country: United States | Province or State: California

What is a SC-101 – Attorney Fee Dispute (After Arbitration)?

SC-101 is a California small claims attachment that you file after an attorney‑client fee arbitration ends. You add it to your small claims Plaintiff’s Claim to show the court you completed fee arbitration and now want a court hearing. It flags your case as an attorney‑client fee dispute that is moving into court after nonbinding arbitration.

You use this form when you or the other side rejected a nonbinding arbitration award, and you are asking the court for a new hearing on the fees. In small claims, that hearing is a fresh start. The court will not rely on the arbitration decision to decide your claim.

Who typically uses this form?

Clients and lawyers. A client may use it to seek a refund of fees or to stop a demand for unpaid fees. A lawyer may use it to seek unpaid fees after arbitration. Solo attorneys, small firms, and clients of all types file it. It works for hourly matters, flat fees, and contingency fee costs, as long as the dispute concerns fees and costs between attorney and client.

Why would you need this form?

California has a consumer‑protection process for attorney‑client fee disputes. Before going to court, clients can use a county or state‑approved fee arbitration program. If the arbitration was nonbinding and either party rejected the award, you must file a court case quickly to keep the dispute going. SC-101 tells the small claims court you cleared the arbitration step, whether the award was binding or not, and that you filed on time.

Typical usage scenarios

You hired a lawyer and later disputed a $6,800 bill. You started fee arbitration. The arbitrator decided you owe $2,000, not $6,800. Your lawyer rejected the award. You now file in small claims for a court decision. You attach SC-101 to your Plaintiff’s Claim to show the case is an attorney‑client fee dispute after arbitration.

In another example, you paid a $3,200 flat fee. The arbitration award says the lawyer should refund $1,500. The lawyer rejects the award. You file in small claims for the $1,500 refund and attach SC-101.

A third example: you are a solo attorney. Arbitration found the client owes $4,500 for unpaid fees. The client rejected the award. You file in small claims with SC-101 and ask the court to decide the amount due.

Use this form only if your arbitration was nonbinding. If you agreed to binding arbitration, the award is not relitigated in small claims. You would not use SC-101. You would instead use the proper process to enforce a binding award in the superior court, not in small claims.

When Would You Use a SC-101 – Attorney Fee Dispute (After Arbitration)?

You use SC-101 right after an attorney‑client fee arbitration ends, and you need a court to decide the dispute anew. The key conditions are simple. The arbitration was part of California’s approved fee arbitration program. The award was nonbinding. You or the other side rejected the award. And you are filing your small claims case within the short deadline after the notice of award or dismissal. If you wait too long, the award may become final on its own, and you lose your chance to seek a court trial. Filing SC-101 with your Plaintiff’s Claim shows the court that you acted within time.

Clients use it when they want the court to order a refund or to set fees to a fair amount. Lawyers use it when they want the court to set unpaid fees after arbitration. It fits disputes over hourly bills, flat fees, and costs under contingency agreements. It does not fit malpractice or damages claims. It focuses on fees and costs between the attorney and the client.

Consider venue and amount before filing. Small claims have dollar limits. If you are an individual, the limit is higher than for businesses. If your claim is over the limit, you can lower your demand and waive the extra. If you want the full amount above the small claims limits, you need a different court. SC-101 does not change those limits. It simply attaches to your small claims claim to mark it as a fee dispute after arbitration.

Timing matters. After a nonbinding fee arbitration, you typically have a 30‑day window to file in court. That window usually runs from the mailing or service date of the arbitration award or notice of dismissal. If no one files in time, the award can become binding and enforceable. If you miss the window, filing SC-101 later will not fix the problem. The court will look at your dates and may dismiss the case as untimely.

Typical users include former clients, solo practitioners, and small firms. A tenant or landlord would not use this form unless the dispute is between a landlord or tenant and their lawyer. Business owners may use it if the business was the client in the fee arbitration. Law firms must have an owner or authorized employee handle the small claims appearance. Lawyers do not represent parties in small claims hearings. You appear for yourself, or your firm’s authorized representative appears for the business.

Do not use SC-101 if there was no fee arbitration or if the arbitration was binding. Also, do not use it if you only want to enforce a binding award. That requires a different court process, not handled in small claims. SC-101 is for a court trial on the fees after non-binding arbitration, not for award enforcement.

Legal Characteristics of the SC-101 – Attorney Fee Dispute (After Arbitration)

SC-101 is a court form filed under penalty of perjury. It is an attachment to your small claims Plaintiff’s Claim. It is not a contract or settlement. It is a sworn statement that describes your fee arbitration and why the court should now hear your case.

The form is part of a statutory framework for attorney‑client fee disputes. California encourages clients to resolve fee disputes through approved arbitration programs. If the arbitration is nonbinding, either party can seek a court trial. To do so in small claims, you file your claim and attach SC-101. The form shows the court that you completed arbitration, the award was nonbinding, someone rejected the award, and you filed within the deadline. Those facts support the court’s authority to hear the case.

The small claims judgment you receive is legally binding. It is enforceable like any civil judgment. If you are the plaintiff in small claims, you cannot appeal a loss. The defendant has the right to appeal. That rule also applies in fee dispute cases. Plan your evidence and presentation with that in mind. Bring the key records. The court will make a fresh decision on the fees. The arbitrator’s award is not binding in this court hearing.

Enforceability rests on proper filing, service, and jurisdiction. You must file in the right county. Generally, that is where the defendant lives or where the legal services were provided. You must serve the defendant properly and on time. You must meet the small claims dollar limits. You must show that the case is timely after arbitration. If you meet those requirements, the court can issue a judgment. You can then collect using normal judgment collection tools.

There are important legal considerations. Do not disclose privileged communications beyond what is needed to show the fee agreement, work done, and billing. Fee disputes allow disclosure of limited information needed to resolve the fees. Keep your exhibits focused on the scope of services, rates, time entries, costs, payments, and adjustments. If you are a lawyer plaintiff, confirm that you gave the client proper notice of the right to fee arbitration before any earlier demand or suit. If arbitration already happened, that notice step was likely satisfied, but you should still be ready to show compliance.

Finally, understand what SC-101 does not do. It does not revive claims after the deadline to seek a court trial. It does not allow a second trial on a binding award. It does not authorize attorney representation in small claims. It does not expand the small claims dollar limits. It simply positions your fee dispute for a fresh small claims hearing after nonbinding arbitration.

How to Fill Out a SC-101 – Attorney Fee Dispute (After Arbitration)

Follow these steps to complete and file SC-101 correctly. You will attach it to your small claims Plaintiff’s Claim.

1) Confirm you are eligible to use SC-101.

• Your dispute is between an attorney and a client about fees or costs.
• You completed an approved attorney‑client fee arbitration.
• The arbitration was nonbinding.
• You or the other side rejected the award, or the arbitration ended without a binding award.
• You are filing in court within the short deadline after the award or dismissal.

2) Decide who is the plaintiff and who is the defendant.

• If you seek a refund or reduction of fees, you are the plaintiff, and the lawyer or firm is the defendant.
• If you seek unpaid fees as a lawyer, you are the plaintiff, and the client is the defendant.
• Use the full legal names. For a firm, use the exact entity name. For a sole proprietorship, include the owner’s name and any “dba.”

3) Choose the right court.

• File in the small claims division of the superior court in the proper county.
• Proper counties include the county where the defendant lives or does business, or where the legal services were provided.
• Check the small claims limits. If your demand exceeds the limit, lower it or choose a different court.

4) Prepare your Plaintiff’s Claim and attach SC-101.

• Complete your small claims Plaintiff’s Claim with the amount you seek.
• Keep the amount within small claims limits. If you want more, you waive the excess.
• SC-101 is an attachment that describes the arbitration background and timing.

5) Complete the caption on SC-101.

• Enter the same court name and county as on your Plaintiff’s Claim.
• Leave the case number blank if you do not have one yet.
• List the parties exactly as on the Plaintiff’s Claim.

6) Identify the arbitration program and case details.

• State the name of the fee arbitration program that handled your case.
• List the arbitration case number, if available.
• Enter the date the award or dismissal notice was mailed or served.

7) State whether the award was binding or nonbinding.

• Check nonbinding if you or the other side could reject it and did so.
• If it was binding, do not use SC-101. Stop and evaluate the correct enforcement process.

8) Explain the rejection and timing.

• Indicate who rejected the nonbinding award.
• Provide the date of the rejection, if there was a written rejection notice.
• Confirm that you filed your small claims claim within the time window.
• If you are close to the deadline, act immediately. The court will review your dates.

9) Attach the key documents.

• Attach a copy of the arbitration award or dismissal notice.
• Attach your Notice of Rejection, if one was filed or sent.
• Attach the fee agreement, invoices, time records, and payment history.
• Label each exhibit clearly. Use simple titles like “Exhibit A – Fee Agreement.”

10) State the amount you seek and why.

• For clients seeking a refund, list the refund amount you claim is due.
• For lawyers seeking unpaid fees, list the unpaid amount after credits.
• Do not include unsupported interest or penalties. If the contract allows interest, be ready to explain it.
• Provide a short, clear explanation of how you calculated the amount.

11) Describe the services and billing basis.

• State whether the fee was hourly, flat, or contingency‑related costs.
• Identify the rate, hours, or flat fee amount. Keep it concise.
• If the arbitrator reduced or increased the amount, explain your position now.

12) Address notice of fee arbitration (for lawyer plaintiffs).

• Confirm you gave the client the required written notice of the right to fee arbitration before seeking court action.
• If arbitration already occurred, this step is usually satisfied, but note your compliance in your attachments.

13) Check the small claims limits and waivers.

• If you are an individual plaintiff, confirm your demand is within the individual limit.
• If you are a business plaintiff, confirm your demand fits the business limit.
• If you choose to reduce your claim to fit small claims, note that you are waiving the excess.

14) Sign and date the declaration on SC-101.

• Read the declaration carefully. You are signing under penalty of perjury.
• Sign with your full legal name and add your title if signing for a firm.
• Use ink for paper filings. For e‑filing, follow local rules on signatures.

15) Make copies for service and for court.

• Prepare at least three sets: one for the court, one to serve on the defendant, and one for you.
• Include the Plaintiff’s Claim, SC-101, and all exhibits in each set.
• Keep your originals organized in case the court needs to see them.

16) File your papers and pay the filing fee.

• File at the court clerk’s office or by e‑filing if allowed.
• Pay the filing fee based on your claim amount.
• Ask the clerk for your hearing date and case number.

17) Serve the defendant properly and on time.

• Serve the Plaintiff’s Claim and all attachments, including SC-101 and exhibits.
• Use personal service by a process server, sheriff, or a qualified adult.
• Substituted service may be allowed if personal service fails. Follow the rules exactly.
• Serve by the deadline before the hearing. The deadline depends on where the defendant is located.
• If serving a business entity, serve its agent for service of process or a proper officer.

18) Prepare your hearing packet.

• Bring the fee agreement, invoices, time sheets, emails confirming scope, and payment records.
• Bring the arbitration award and any rejection notice. The court will know the case is de novo.
• Prepare a brief timeline and total calculation. Keep it short and clear.

19) Plan your testimony.

• Explain the scope of work, the agreed fee terms, and your calculation.
• If you are the client, identify charges you dispute and why.
• If you are the lawyer, explain the reasonableness and necessity of the work.
• Keep your presentation factual and focused on fees.

20) Understand who may appear.

• In small claims, you cannot have a lawyer represent you at the hearing.
• A business may send an owner or authorized employee.
• Witnesses can testify. Bring them if they help explain the work or charges.

21) Know what happens after judgment.

• If you win, the court issues a judgment for a set amount.
• If you are the plaintiff, you cannot appeal a loss. The defendant can appeal.
• If you lose and the defendant appeals, you will get a new hearing in the higher division.
• If you win and are not paid, use standard judgment collection tools.

22) Common mistakes to avoid.

• Filing after the arbitration deadline expires.
• Using SC-101 when the award was binding.
• Asking for more than small claims allows.
• Failing to attach the arbitration award and key billing records.
• Serving the wrong person or missing service deadlines.

If you follow these steps, you will give the court what it needs to hear your fee dispute. SC-101 is your bridge from fee arbitration to a small claims hearing. Keep your filing timely, your exhibits clear, and your story focused on the fee terms and numbers.

Legal Terms You Might Encounter

• Arbitration. This is a private process where a neutral decision-maker reviews your fee dispute and issues a decision. For this form, you use arbitration to show you tried the required step before filing. You reference the arbitration details on SC-101 and attach the award or decision.
• Mandatory fee arbitration. Some attorney-client fee disputes must go to arbitration before the court. On SC-101, you confirm you completed that step. The form asks for the arbitration program name, date, and result.
• Arbitration award. This is the written result of the arbitration. It may state who owes money and how much. With SC-101, you attach the award so the court sees what happened and why you’re filing now.
• Binding vs. nonbinding. A binding award becomes final unless a court sets it aside. A nonbinding award can be accepted or challenged by filing a case. On SC-101, you note whether the award is binding or nonbinding so the court understands what’s being asked and why small claims is the next step.
• Trial de novo. This means a new hearing in court after a nonbinding arbitration. The judge hears the dispute fresh. You complete SC-101 to start that new hearing in small claims, within the small claims limit.
• Plaintiff and defendant. The plaintiff is the person filing SC-101. The defendant is the person being sued. Use the exact legal names on the form. If you’re suing a business, list its correct legal name and type. Accurate names help with service and any later judgment.
• Service of process. After filing SC-101, you must formally deliver the filed claim to each defendant. You do not serve the papers yourself. You use a person who is not a party and meets the service rules. Proper service is essential for the court to hear your case.
• Proof of service. This is the document that shows how and when you served the defendant. The court needs a completed proof of service before the hearing. Keep it with your SC-101 packet and file it with the court by the deadline.
• Jurisdiction and venue. Jurisdiction is the court’s power to hear your case. The venue is the proper county or courthouse location. SC-101 asks for where events happened or where the defendant lives or does business. Choose the right location to avoid delays.
• Claim amount. This is the total you seek on SC-101. It can include awarded fees, any credits, and allowed costs. Stay within the small claims limit. Show your math in attachments if needed. Round to the nearest dollar unless the form says otherwise.

FAQs

Do you have to finish fee arbitration before using SC-101?

Yes, complete fee arbitration first if it applies to your dispute. SC-101 is for the “after arbitration” stage. The court wants to see that you went through arbitration and what the result was. You’ll list the arbitration information on the form and attach a copy of the award or decision.

Do you need to attach the arbitration award to SC-101?

Yes. Attach the award or decision that shows the result. Include any cover page showing the date and whether it is binding or nonbinding. If you received letters that explain deadlines to accept or reject the award, bring them to the hearing as well. Clear documentation helps the judge understand your request.

Do you have a deadline to file SC-101 after arbitration?

Likely. Deadlines can be short after a nonbinding award, often measured in weeks, not months. Check the date on the arbitration decision and any notice you received. If you wait too long, the award may become final, or you may lose the option for a new hearing. File as soon as you can to protect your rights.

Do you include interest and costs in your claim amount?

You can request allowed costs such as filing and service fees. You may also request interest if the award or agreement provides for it. Show how you calculated the number. Attach a simple worksheet or short explanation. Keep your math clear and accurate.

Do you have to serve the attorney or the client in a specific way?

Yes. You must serve each defendant in a way the court accepts. You cannot serve the papers yourself. Use a process server, sheriff (if available), or an adult not involved in the case. Serve at a good address and keep proof. If the defendant is a business, use its legal service address or registered agent. File the proof of service.

Do you need to bring the retainer agreement and invoices?

Yes. Bring the signed fee agreement, invoices, time entries, payment history, and the arbitration award. Also bring correspondence that shows the fee dispute timeline. Organize your documents by date. Make three sets: one for you, one for the defendant, and one for the judge.

Do you need to use an attachment page with SC-101?

Use an attachment page if you need more space to explain your claim or to list multiple defendants. Label each attachment clearly, refer to the item number on SC-101, and number the pages. Attach copies of the award and any calculations that support your claim amount.

Do you have to appear in person at the small claims hearing?

Yes. Plan to attend and present your evidence. The judge will ask questions about the services, fees, arbitration, and payments. Bring organized copies. Be ready to explain your timeline in five minutes or less. If you cannot attend, review your options early. Rescheduling is limited and must be requested before the hearing.

Checklist: Before, During, and After the SC-101 – Attorney Fee Dispute (After Arbitration)

Before signing

Confirm arbitration status:

• Completed fee arbitration applicable to your dispute.
• Determine whether the award is binding or nonbinding.
• Identify any deadlines for court action after arbitration.

Gather documents:

• Arbitration award or decision (include date and result).
• Retainer or fee agreement and any amendments.
• Invoices, time records, and payment history.
• Refunds, credits, chargebacks, and write-offs.
• Communications about the fee dispute and arbitration.
• Client or attorney contact information and best service address.
• Business names, legal entity type, and registered agent (if a business is involved).

Verify claim amount:

• Principal fees at issue.
• Allowed costs (filing, service).
• Interest, if applicable, with a clear calculation.
• Subtract payments and credits.

Choose the right court location:

• Where the defendant lives or does business.
• Where services were performed, or a contract was signed.

Check small claims limits:

• Ensure the total fits within the limit.
• If it exceeds the limit, decide whether to reduce the amount or use a different court.

Plan service:

• Identify a qualified server.
• Confirm a valid physical address for service.
• Allow enough time for service before the hearing.

During signing

Names and addresses:

• Use exact legal names for each party.
• Include complete mailing and service addresses.

Arbitration details:

• List the program, case number (if any), and decision date.
• State whether the award is binding or nonbinding.

Claim explanation:

• Brief summary of services, fees, dispute, and arbitration outcome.
• Reference attachments for longer explanations.

Amount claimed:

• Itemize fees, costs, and interest.
• Ensure math is correct and within the small claims limit.

Attachments:

• Arbitration award or decision.
• Supporting calculations and key documents.
• Extra pages if you ran out of space on the form.

Sign and date:

• Read the declaration.
• Sign in the correct place.
• Use ink and legible print.
• If signing for a business, include your title.

After signing

Filing:

• Make at least two copies of everything.
• File the original with the court and pay the filing fee or submit a fee waiver.
• Get stamped copies back from the clerk.

Hearing date:

• Note the hearing date, time, and department.
• Calendar all deadlines for service and proof of service filing.

Service:

• Arrange service by an eligible adult or process server.
• Use personal service or another approved method.
• Track attempts and successful service details.

Proof of service:

• Have the server complete the proof of service.
• File it by the court’s deadline.
• Bring extra copies to the hearing.

Preparation:

• Create a hearing packet with a timeline, invoices, agreement, award, and calculations.
• Mark key pages with tabs or sticky notes.
• Prepare a short, clear statement of your case.

Storage:

• Keep a complete copy of the filed SC-101 and all attachments.
• Store proofs of service and mail receipts.
• Keep records secure and organized for the hearing and any post-judgment steps.

Common Mistakes to Avoid SC-101 – Attorney Fee Dispute (After Arbitration)

• Filing before completing the fee arbitration. If arbitration is required and you skip it, the court can dismiss your case. Don’t forget to complete the proper arbitration step first and attach the award or decision.
• Missing short post-arbitration deadlines. Deadlines after a nonbinding award can be tight. If you wait, the award may become final, or your case may be rejected. Calendar your deadline the day you receive the decision and file promptly.
• Exceeding the small claims limit. If your claim is above the limit, the court may reject it or cap your recovery. Decide whether to reduce the amount or file in a different court before you submit SC-101.
• Incorrect or incomplete party names. Using a nickname, trade name, or wrong entity type can derail service and enforcement. Verify the defendant’s exact legal name and status. Use the legal name on the agreement or official records.
• Improper service or late proof of service. If you serve the wrong way or file proof late, the court may postpone or dismiss the hearing. Choose a qualified server, use a valid method, and file the proof on time.
• Leaving out the arbitration award. Without the award, the judge cannot confirm that you completed the required step. Attach the entire decision, including date and result, to avoid delays.

What to Do After Filling Out the Form SC-101 – Attorney Fee Dispute (After Arbitration)

• File your claim. Take the signed SC-101 and attachments to the correct small claims court. Pay the filing fee or submit a fee waiver. Ask the clerk for stamped copies and the hearing date. Confirm any deadlines for service and proof of service.
• Serve the defendant. Arrange for personal service or another approved method for every defendant. Use a qualified server. Serve well before the deadline to allow time for issues. Keep notes on attempts and successful service.
• File the proof of service. Have your server complete the proof of service with date, time, location, and method. File it by the court’s deadline. Bring a copy to the hearing.
• Prepare for the hearing. Build a concise packet:
• Retainer or fee agreement and amendments.
• Invoices, time entries, and payment ledger.
• Arbitration award and related notices.
• Correspondence on the fee dispute.
• Interest and cost calculations.
• A timeline that ties everything together.

Practice a short summary of your case. Focus on the agreement, the work, the dispute, the award, and the amount you seek.

• Consider settlement. If you settle, put it in writing. Decide on payment terms and a timeline. If a settlement happens before the hearing, file a dismissal so the court can take the case off the calendar. If it happens at court, tell the judge and complete the required paperwork.
• Amend if necessary. If you discover a naming error or need to adjust the amount within the small claims limit, ask the clerk how to amend your claim. Amend early to avoid a new service deadline or a continuance.
• Attend the hearing. Arrive early with organized documents. Check in with the clerk. Be ready to answer questions about the services, fees, arbitration, and payments. Stay focused and factual.
• Get and review the judgment. After the hearing, you’ll receive the court’s decision. Read it carefully. Note any deadlines for compliance or further steps. Appeals in small claims are limited. Review your notice for options and timelines.
• If you win. Track payment due dates. If the other side does not pay, ask the clerk about enforcement options available in small claims. Keep records of all payments and correspondence.
• If you lose. Review the decision and your options. You may be able to correct issues and refile if allowed, or take other permitted steps. Act within the stated deadlines on your notice.