Parties Agreed to Arbitration Despite Allegations of a “Frankenstein” Contract
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In Kreit and Kreit v. Brewer & Pritchard, PC, the Fourteenth Court of Appeals held that the trial court properly ruled that the Kreit brothers agreed to arbitration in their engagement agreement with the law firm of Brewer & Pritchard.
In dispute is whether the firm represented the brothers (who are medical doctors) in their individual capacities or Cleveland Imaging and Surgical Hospital, LLC. According to the court’s opinion, the Kreit brothers contend they only intended to obtain representation on behalf of the LLC. The brother further contend irregularities with the law firm’s fee agreement: that the firm “co-mingled individual pages from separate proposals to create a ‘Frankenstein’ contract to which the [brothers] never agreed as a whole.”
An arbitration was conducted in accordance with the rulese for expedited, documents-only proceeding, after the firm sought payment of $40,000.00 in fees and $1,175.00 in expenses. The brothers appeared pro se. The arbitrator issued an award finding the brothers signed the fee agreement, they were bound individually, the agreement was enforceable, and the brothers breached the agreement by failing to pay the fees.
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