Arbitration, Retainer Agreements: Tips For Successful Enforcement Of Arbitration Clauses In Fee Retainers

 

Tips Are Broad in Nature, But Also Guide California Practice.

     We can tell you that Randy Evans and Shari Klevens of McKenna Long have provided some guidance to U.S. lawyers seeking to enforce fee retainer arbitration provisions in their recent Daily Report article entitled “Arbitration Provisions in Fee Agreements.”

     Here are the tips they suggest for successful enforcement of these arbitration provisions across the board for U.S. attorneys: (1) include a severability clause; (2) use a a proven arbitration clause; (3) include the local/state Bar Association mandatory disclosures; (4) address seeking independent counsel advice for such clauses; and (5) segregate fee disputes from other others, depending on the jurisdiction involved.

     BLOG UNDERVIEW—For California practitioners wanting to use retainer arbitration clauses (keeping in mind that sample clauses are available on the State Bar website for sample engagement letters), we would suggest a good starting point is to read Schatz v. Allen Matkins, 45 Cal.4^th 557 (2009).