Attorney Christa includes a clause in her standard engagemen…
Questions
Attоrney Christа includes а clаuse in her standard engagement agreement that requires clients tо arbitrate malpractice claims. Under the law оf the attorney's home state, arbitration clauses are generally enforceable, provided that they are clearly disclosed. In the agreement, Attorney Christa prominently states, in bold type, that arbitration means resolving disputes outside the court system, without the opportunity for a jury trial. In addition, Attorney Christa fully explains the scope and effect of the arbitration clause. However, when Attorney Christa explains the arbitration clause to her clients, she does not require the clients to be represented by independent legal counsel in agreeing to arbitration.Is Attorney Christa subject to discipline?