Chanler Wins, Loses Arbitration Award Against AYS– by Rick Lovett at Prop 65 News

Posted: 09/15/1999  browse the blog archive

Excerpted from the full length article at Prop. 65 News:

In a preliminary skirmish in his fee dispute with As You Sow, AYS’s former attorney, Clifford Chanler, won then lost $159,611 in fees and costs from his former client.

The heart of the procedurally complex case is a claim by AYS that Chanler overbilled the organization during the four years he represented it, from 1992 to 1996. Chanler, however, took the offensive by arguing that AYS still owed him nearly $160,000 in costs for depositions, expert witnesses and filing fees. In April, he took the issue to arbitration, winning the entire disputed amount when AYS declined to participate in a procedure, explaining to the San Francisco Daily Journal that Chanler would not allow the outcome to be binding.

Chanler then asked the San Francisco Superior Court to enforce the arbitration award, claiming that AYS’s default made it binding. Superior Court Judge David Garcia disagreed, declining to enforce the award but ordering AYS to pay $5,000 in arbitration fees. The merits of the fee dispute will now be resolved in Superior Court, along with AYS’s claim against Chanler. link to source