Taking up an appeal in a legal malpractice case Tuesday, a panel of Georgia Court of Appeals judges were asked to decide whether an engagement agreement between a lawyer and client can contain an enforceable binding arbitration clause.

Arguing that the Georgia Arbitration Act had been carefully delineated by the Legislature to foreclose arbitration clauses in an array of litigation such as medical malpractice, personal injury and wrongful death claims, Hawkins Parnell & Young partner Kathryn Whitlock said no such stricture was placed on contracts for legal services.   

Kathryn Whitlock, with Hawkins Parnell & Young. Kathryn Whitlock

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