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Litigation & Arbitration,
Civil Litigation,
Law Practice

Apr. 26, 2013

Lawyers lose right to arbitrate despite clear contract terms

When love, law and money intersect, lawyers may lose their right to arbitrate malpractice claims against them. At least that is what happened in Barsegian v Kessler & Kessler.

Timothy D. Reuben

Founder and CEO, Reuben, Raucher & Blum

Phone: (310) 777-1990

Email: treuben@rrbattorneys.com

Reuben is the founder and CEO at Reuben Raucher & Blum. Alongside his extensive career as a civil litigator specializing in complex matters at both the trial and appellate level, he serves pro bono as a temporary judge and settlement officer for the Los Angeles Superior Court, as well as a fee arbitrator for the LA County Bar.

When love, law and money intersect, lawyers may lose their right to arbitrate malpractice claims against them. At least that is what happened in Barsegian v Kessler & Kessler, 2013 DJDAR 4813 (Cal. App. 2nd Dist. April 15, 2013). Barsegian sued in a single complaint both her own prior lawyers for malpractice as well as her prior boyfriend, his brother-in-law, and a related entity for fraud and other claims.

The trial court refused to allow the lawyers to arbitrate the m...

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