December 28, 2021

Despite Law Firm's Failure to Explain to Client, Court Upholds Arbitration Mandate for Malpractice Disputes | New Jersey Law Journal - Law.com

What You Need to Know

  • Law firm's mandatory arbitration provision with client is upheld despite failure to go over the requirement verbally with client.
  • The Supreme Court's 2020 ruling in Delaney v. Dickey, requiring such clauses to be discussed verbally with clients, is held not to apply to 2017 retainer agreement.
  • Appeals court rejects assertion that firm's arbitration provision is unenforceable because it did not specifically mention malpractice claims.


source: https://www.law.com/njlawjournal/2021/12/28/despite-law-firms-failure-to-explain-to-client-court-upholds-arbitration-mandate-for-malpractice-disputes/

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