June 08, 2016 Articles

Arbitration of Attorney Malpractice Claims

An overview of some of the positive and negative aspects.

By Joshua E. Liebman and Alexander L. Berg

Numerous legal malpractice cases were filed against lawyers and law firms in 2015. Several were highly publicized and had large verdicts. Seee.g., Adrianne Appel, “4 Big Malpractice Cases in 2015: From Weird to Wildly Costly,” Bloomberg Law, Dec. 30, 2015. What can a lawyer do (besides providing appropriate legal advice) to keep himself or herself out of the courtroom in a malpractice case? The answer may be to include a provision in the retainer agreement that requires the binding arbitration of malpractice claims. This article explores this course of action and some of the positive and negative aspects of doing so.

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