By Will Jordan
Client retained Attorney to represent him in two matters involving his service as a trustee. Client signed an engagement letter that provided that Attorney and Client would arbitrate “any dispute arising out of or relating to this agreement and/or the legal services rendered hereunder.” Client filed a lawsuit against Attorney, alleging legal malpractice and breach of fiduciary duty. Attorney moved to dismiss on the basis of the arbitration clause. The appellate court affirmed the dismissal of the complaint, holding that “the arbitration provision of the engagement letter was clear, explicit, and unequivocal, and the legal malpractice and breach of fiduciary duty causes of action fall within the broad scope of this provision.”
Menche v. Meltzer, Lippe, Goldstein & Breitstone, LLP, 2015 N.Y. Slip Op. 04617 (N.Y. Supreme Court, Appellate Division, June 3, 2015).
See here for the full opinion.
See here for a good article on the pros and cons of arbitration clauses in engagement letters.
- Seven Robinson Gray attorneys again named Super Lawyers; while 5 named Rising Stars
- COVID-19 and the new remote deposition: Tips for success
- COVID-19 and civil litigation in South Carolina
- COVID-19 and small business, part III: The CARES Act – what it means for small business
- COVID-19 and small business, part II: The SBA – current relief and new relaxed guidelines
- Robinson Gray associate Lisle Traywick named to SC Supreme Court Pro Bono Honor Roll
- COVID-19 and small business, part I: The status of government incentives and what they may mean for your business
- COVID-19 telecommuting and workers’ comp claims: How can employers minimize risks?