Credit: Devon Yu/Adobe Stock Despite Law Firm's Failure to Explain to Client, Court Upholds Arbitration Mandate for Malpractice Disputes
For an arbitration provision in a retainer agreement to be enforceable, an attorney must generally explain to a client the benefits and disadvantages of arbitrating a prospective dispute between the attorney and client, the state Supreme Court said in Delaney. The lawyer for Micro Tech said those principles should apply in the present case even though the court ruling did not apply retroactively.
December 28, 2021 at 02:11 PM
4 minute read
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.
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