Retainer agreement called for arbitration

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 22, 2021 11:42 AM

Surveying decisions from across the country on the validity of arbitration provisions in law firm retainer agreements, the New Jersey Supreme Court concluded that lawyers have a “heightened duty of disclosure” when they ask new clients to sign contracts that require alternative dispute resolution, because “there should never be a perception that a lawyer is exalting his own self-interest at the expense of the client.” But the ruling closed by outlining steps attorneys can take to keep fee fights and malpractice claims out …

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