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The Court considers whether an arbitration provision in a retainer agreement between a lawyer and client is enforceable, given the fiduciary responsibility of lawyers to their clients. The provision must be explained to the client, including its benefits and disadvantages, to ensure informed decision-making. The Court holds that an attorney must generally explain the arbitration provision to the client, conveying the fundamental differences between an arbitral and judicial forum, and refers the issue to the Advisory Committee on Professional Ethics for further guidance. The arbitration provision in the retainer agreement is not enforceable due to the lawyer's failure to provide sufficient explanation, and the client is allowed to proceed with their malpractice action.

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The Court considers whether an arbitration provision in a retainer agreement between a lawyer and client is enforceable, given the fiduciary responsibility of...

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  • File Format: PDF
  • File Size: 340 KB
  • Pages: 52
  • Language: EN
  • Total Downloads: 164
  • Last Updated: 4 days ago

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