Can a client waive their right to MFAA arbitration in order to appeal against the MFAA?

2. Following briefing but before oral argument, the parties notified the court that they had settled their dispute, thus rendering the appeal moot as to the parties. Since this case "raises issues of continuing public importance," we have elected to retain jurisdiction in order to decide the issue presented. (Lundquist v. Reusser (1994) 7 Cal.4th 1193, 1202, fn. 8, 31 Cal.Rptr.2d 776, 875 P.2d 1279.)

3. A client waives the right to MFAA arbitration upon commencing an action or filing a pleading that seeks judicial resolution of a fee dispute or that requests affirmative relief against the responsible attorney for malpractice or professional misconduct. (Bus. & Prof.Code, 6201, subd. (d); Aguilar v. Lerner (2004) 32 Cal.4th 974, 987, 12 Cal.Rptr.3d 287, 88 P.3d 24.)