11-1 Introduction

• Jurisdiction: United States

11-1 Introduction

To avoid the publicity of a lawsuit and the possibility of a jury assessing his or her conduct, a Florida lawyer may decide to include a provision in his or her engagement letter that requires legal malpractice claims to be submitted to arbitration.¹ Doing so is a hotly debated—and possibly unethical—practice,² even though the U.S. Supreme Court has repeatedly upheld the use of arbitration clauses in many other contexts.³

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Notes:

^[1] Estate of Williams v. Kevin F. Jursinski, P.A., 160 So. 3d 500 (Fla. 2d...