In what is likely destined to be a high court showdown, the Georgia Court of Appeals ruled that nothing in state law bars lawyers from including binding arbitration clauses in representation contracts and that such clauses are enforceable even in disputes involving allegations of legal malpractice.

The opinion overturns a trial judge’s ruling that such clauses are “unconscionable” and unenforceable unless there is evidence that the ramifications of signing have been explained to prospective clients. The ruling is a victory for attorney Darren Summerville and his firm, which sought to compel arbitration under their contract provisions after a former client sued them for legal malpractice.

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