Should law firms be required to meet heightened standards before they are able to contract with clients to arbitrate malpractice lawsuits? If so, how high should these standards be?
When lawyers and their clients (or clients and their lawyers, if you prefer) use ADR, we typically applaud them for choosing a process that is generally faster, cheaper and more satisfying than can be found in the crowded judicial system. But when lawyers stipulate to arbitration in their engagement letters with their...