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Law Practice,
Ethics/Professional Responsibility

Mar. 22, 2019

Arbitration of malpractice claims is alive and well

At the minimum, clients should have the choice of going to binding arbitration. If they don’t want to go arbitration in the future, they can ask their prospective lawyers to remove the clause, or go to another attorney.

Brian Slome

Partner
Lewis Brisbois Bisgaard & Smith LLP

Email: bslome@lbbslaw.com

Brian's practice focuses on the defense of professionals, which includes defending attorneys in legal malpractice and discipline proceedings.

Kenneth C. Feldman

Partner
Lewis, Brisbois, Bisgaard & Smith LLP

Certified Specialist in Legal Malpractice

633 W 5th St Ste 4000
Los Angeles , CA 90071

Phone: (213) 250-1800

Fax: (213) 250-7900

Email: Ken.Feldman@lewisbrisbois.com

Loyola Law School

Kenneth is firm-wide chair of the legal malpractice defense group at Lewis Brisbois. He is a certified specialist, legal malpractice law, State Bar of California Board of Legal Specialization, and is vice chair of the State Bar Legal Malpractice Law Advisory Commission. Mr. Feldman is the author of "California Legal Malpractice & Malicious Prosecution Liability Handbook."

Arbitration of malpractice claims is alive and well
Shutterstock

Last month, Brian R. Condon proposed that the State Bar of California substitute his judgment for that of California's Standing Committee on Professional Responsibility and Conduct (COPRAC), by "adopt[ing] a public policy that arbitration clauses between California licensed attorneys and their clients are disfavored and should not be enforced." Mr. Co...

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