New Post on the Day on Torts dated 08/22/2024
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Day on Torts

Published by Day on Torts — Tennessee Personal Injury Attorney — The Law Offices of John Day, P.C.

Law Firm Seeks to Enforce Arbitration Agreement in Legal Malpractice Case

By The Law Offices of John Day, P.C. on Aug 21, 2024 10:04 am

Apparently, at least in Georgia, Morgan & Morgan requires is clients to sign a fee agreements wherein the client waives the right to a jury trial in the event the client brings a claim against the firm for legal malpractice.   Instead, the client must pursue any claim via arbitration.

Apparently, this is the operative language:

[A]ny and all disputes between me and the Firm arising out of this Agreement, The Firm’s relationship with me or The Firm’s performance of any past, current or future legal services, whether those services are subject of this particular engagement letter or otherwise, will be resolved through a binding arbitration proceeding to be conducted under the auspices of the Commercial Arbitration Rules of the American Arbitration Association in Georgia. The disputes subject to binding arbitration will include without limitation, disputes regarding attorneys’ fees, or costs and those alleging negligence, malpractice, breach of fiduciary duty, fraud or any claim based upon a statute . . . .


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