Note:

Steven Quiring, Pre-Dispute Attorney-Client Arbitration Agreements: A Search for Appropriate Guidelines, 80 TEXAS L. REV. 1213 (2002).

Abstract:

Arbitration clauses between attorneys and clients are generally enforceable even though many “unsophisticated” clients do not have the knowledge or economic clout to truly bargain for such an agreement.  In asking (or demanding) that clients agree to such clauses, it appears that attorneys are violating their fiduciary duty to their new clients, but the ABA’s Model Rules of Professional Conduct do not forbid such behavior.  Differences in state and local fee arbitration programs and their effect on future malpractice claims make a uniform solution (e.g., suggested changes to the Model Rules) infeasible and must be accommodated when addressing this issue.