Arbitration clauses have become ubiquitous in modern commerce.  The legal services industry is not immune from this trend.  Today, many law firms include arbitration provisions in their client engagement letters.   This trend raises the important question: are such arbitration provisions enforceable in the face of a legal malpractice claim? If so, under what circumstances are such arbitration provisions enforceable?

Judicial and Advisory Ethics Opinions

Recent court decisions on the subject have made clear that arbitration provisions may indeed be enforceable in the context of legal malpractice claims brought by clients.  See e.g., Delaney v. Dickey, 244 N.J. 466 (2020).  However…

Continue Reading Are Arbitration Clauses in Attorney Engagement Letters Enforceable?