Arbitration of Attorney/Client Disputes
(From Arbitration of Attorney/Client Disputes webcast, recorded February 2009)
New MCLE #: 901239240 (2/1/2012 — 1/31/2013)
MCLE #: 901217639 (2/4/2011 — 1/31/2012)
MCLE #: 901194393 (2/1/2010 — 1/31/2011)
MCLE hours: 1.50 hrs
Arbitration of Attorney/Client Disputes
In recent Opinion No. 586, the Professional Ethics Committee for the State Bar of Texas addressed an important issue for all Texas lawyers: May a lawyer ethically include a binding arbitration clause in an attorney-client engagement agreement?
This online class will analyze Opinion No. 586 and its newly announced restrictions on such arbitration clauses in Texas, as well as provide practical guidance concerning when to recommend arbitration clauses, when to avoid them, and how to handle attorney-client arbitrations.
The online class addresses these issues, among others:
Is it ever permissible to include a binding arbitration clause in a contract with an unsophisticated client?
Under what circumstances are binding arbitration clauses unethical?
Should a prospective client receive independent legal advice before agreeing to an arbitration clause?
What specific advantages and disadvantages of arbitration, compared to litigation, must a lawyer disclose to a client before the client agrees to bindingarbitration?
What should a lawyer tell a client about (1) the cost of arbitration, (2) the loss of the right to jury trial, (3) discovery limitations, (4) evidence rules, and (5) appeal?
Speakers:
Mr. Karl Bayer, Austin
Dispute Resolution Specialist
Mr. Charles F. Herring Jr., Austin
Herring & Irwin L.L.P.
Hon. Bea Ann Smith, Austin
Brown McCarroll