CALIFORNIA FAMILY LAW
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Attorney Fees
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Between Attorney and Client
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Arbitration (MFAA)
............Malpractice
6 Cards On This Topic:
Statutory authority for arbitration agreements.
Though P not judicially estopped from relying on MFAA to invalidate arbitration agreement, in filing malpractice suit against D he waived all rights he might have asserted.
No error in denying P's petition to compel arb. of legal malpractice case where he waived his right to arbitrate by unreasonably delaying in seeking arb. and acting in manner inconsistent with intent to invoke arb.
Initial retainer agreement may include provisions requiring arbitration of both fee disputes and legal malpractice claims.
Arbitration clause in fee paragraph of retainer agreement held not to waive jury trial in malpractice claim.
Agreements with clients providing for binding arbitration in the event of malpractice claim found ethically proper, provided safeguards observed.