A New Jersey appeals court has upheld a law firm’s retainer agreement mandating arbitration of malpractice claims, even though the firm failed to discuss the arbitration clause with its client.

The New Jersey Supreme Court’s 2020 ruling, Delaney v. Dickey, held that mandatory arbitration agreements between attorneys and their clients are only enforceable if the attorney takes the time to explain to the client the benefits and disadvantages of arbitrating a dispute.

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