bigstock Court Must Return to Addressing Retainer Arbitration Clauses
The ACPE has asked the Supreme Court "to reconsider its decision to permit lawyers to include, in their retainer agreements, provisions that require the clients to arbitrate future fee disputes or legal malpractice actions."
April 10, 2022 at 10:00 AM
6 minute read
When our Supreme Court recently visited the propriety of a provision in an attorney's retainer agreement that binds client and attorney to arbitrate any dispute arising out of the attorney's representation, it framed the issue as "whether a lawyer has a duty to explain the benefits and disadvantages of a provision in a retainer agreement that binds the client to arbitrate a future fee dispute or legal malpractice action in a non-judicial forum." Delaney v. Dickey and Sills Cummis & Gross (A-30-19) (Dec. 21, 2020). One would think the answer to that question is a "no-brainer."
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