Enforcement of Binding Arbitration Provisions in Retainers
By Matthew C. Mickelson, February 8, 2012
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This practice tip discusses the typical binding arbitration provision found in retainer agreements for lawyer representation. The Mandatory Fee Arbitration Act and California Arbitration Act further complicate this issue. Because courts have failed to clarify how these Acts coincide, confusion over the enforceability of binding arbitration provisions in attorney-client retainer agreements persists.
