Sloppy Arbitration Clauses are Unenforceable
On December 30, 2021, the Louisiana First Circuit Court of Appeals refused to enforce a lawyer-client arbitration clause because the lawyer failed to explain to the client “the consequences of …
Sloppy Arbitration Clauses are Unenforceable
On December 21, 2020, the Supreme Court of New Jersey refused to enforce a lawyer-client arbitration clause because the lawyer failed give the client an “explanation of the advantages or …
Make Sure Your Lawyer-Client Arbitration Clause is Enforceable
The Supreme Court of New Jersey recently refused to enforce a lawyer-client arbitration provision because it failed to include sufficiently detailed warnings to the client. See Atalese v. U.S. Legal …
Drafting an Enforceable Lawyer-Client Arbitration Agreement
The United States Court of Appeals for the First Circuit recently enforced a lawyer-client arbitration agreement even though the agreement (1) failed to specify that malpractice claims were within …
Five Essential Terms for Lawyer Engagement Agreements
Although the rules of professional conduct do not always require it, see Rule 1.5, you should require every prospective client to sign an engagement agreement before you commence the representation. If …
May I Add an Arbitration Clause to My Engagement Agreement?
Yes. Most state courts that have considered the enforceability of lawyer-client arbitration clauses have approved them. The issue was an open question in Louisiana, however, until the Louisiana Supreme …