A client walks into your office and tells you a horrible story of abuse and neglect his loved one endured in a nursing home. You ask to see the admission paperwork, and as you quickly thumb through it looking for one important document, the client tells you how he wants the nursing home to be held responsible for the unacceptable standard of care.
Then, you find it: the mandatory arbitration clause that the client or his loved one signed upon admission to the nursing home. This document alone could affect the client’s ability to bring a claim. However, your client is definitely not the first, and will not be the last, that is completely unaware he signed a mandatory arbitration clause. Therein lies the problem.
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