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been endorsed by federal and state courts, Santa Ana has the right to request arbitration of any dispute <br />regarding fees or costs charged by us for professional services before an arbitrator or panel of <br />arbitrators selected by a local bar association or the State Bar of California (a "Bar Arbitration"). <br />The Bar Arbitration is non -binding unless we both agree in writing to binding <br />arbitration after the fee dispute arises but prior to the hearing. <br />If the Bar Arbitration award is binding, the award is final and neither of us may request <br />a new trial in court. A binding award can only be corrected or vacated for very limited reasons. If <br />the Bar Arbitration award is non -binding, we each have thirty days from the date of the award being <br />served to file an action in court requesting a new trial and to pursue any other available remedy. If <br />neither of us requests a new trial within those thirty days, the Bar Arbitration award becomes binding. <br />If you do request a Bar Arbitration, the law provides that evidence of any claim of <br />malpractice or professional misconduct is admissible only to prove the amount of the fees and costs <br />in dispute, and that the arbitrator(s) at the Bar Arbitration shall not be empowered to award any <br />affirmative relief in the form of damages, offset or otherwise in connection with such claim. <br />By signing this Agreement, Santa Ana agrees that if a Bar Arbitration is conducted, <br />that Bar Arbitration and any new trial in court thereafter shall have no effect on the provisions set <br />forth above which require binding arbitration before an arbitrator at JAMS of any claims for <br />affirmative relief based on alleged professional malpractice, negligence, errors or omissions, breach <br />of contract, breach of fiduciary duty, fraud, or any claim based upon tort or any statute, without regard <br />to the results of any Bar Arbitration or new trial thereafter. <br />17. CALIFORNIA LAW APPLIES. If either party to this Agreement initiates any legal action <br />or proceeding concerning or in any way relating to the terms and provisions of this Agreement or <br />the Firm's representation of Santa Ana in any matter, we both understand and agree that any such <br />legal action, arbitration or proceeding shall be brought in California, and California's substantive <br />laws shall apply to this Agreement. <br />18. FILE MAINTENANCE. The Finn will maintain Santa Ana's files and documents in a <br />particular matter while it is actively handling that matter and for five years thereafter. The Finn <br />will have the right to destroy the files after five years or any longer time the Firm deems appropriate <br />given the circumstances, without any obligation to notify Santa Ana. The Firm routinely purges <br />its files and records of matters that have been resolved. Of course, Santa Ana may request its files <br />or documents at any time prior to such destruction, and they will be promptly returned to Santa <br />Ana or to others as directed. <br />19. ENTIRE AGREEMENT/ADDITIONAL LEGAL REPRESENTATION GOVERNED <br />BY THIS AGREEMENT. Except for any consents to a conflict of interest provided separately, <br />this Agreement contains all of the terms of the agreement between us applicable to the Firm's <br />representation of Santa Ana. Except for any consents to a conflict of interest provided separately, <br />no other agreement, statement or promise made on or before the effective date of this Agreement <br />will be binding on Santa Ana or the Firm. This Agreement may only be modified by a subsequent <br />written agreement of the parties. Unless otherwise agreed in writing, all other matters which Santa <br />0 <br />