Arbitration Clause Applies to Legal Malpractice Claim
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Maine law firm Bernstein, Shur, Sawyer & Nelson’s contract requiring a former client to arbitrate all claims applies to malpractice claims, the U.S. Court of Appeals for the First Circuit has ruled.
In Bezio v. Draeger, the court on Monday affirmed U.S. District Court Judge Nancy Torresen’s July 2013 dismissal of the case.
According to court records, Douglas Bezio hired Bernstein Shur to defend him in an action brought by the Maine Office of Securities. His contract with the firm held that either side could opt for binding arbitration to settle a fee dispute or “any other dispute that arises out of or relates to this agreement or the services provided by the law firm.”
In December 2012, Bezio sued the firm and three lawyers: Scot Draeger, the firm’s securities and financial services industry practice leader, of counsel John Paterson and associate Caleb DuBois.
Chief Judge Sandra Lynch wrote for herself, Judge Juan Torruella and Senior Judge Norman Stahl, who missed oral argument but signed the opinion.
Read original articleTags: Bernstein Shur, Douglas Bezio, Maine Office of Securities, Scot Draeger, U.S. Court of Appeals for the First Circuit
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