Day on Torts
Apparently, at least in Georgia, Morgan & Morgan requires is clients to sign a fee agreements wherein the client waives the right to a jury trial in the event the client brings a claim against the firm for legal malpractice. Instead, the client must pursue any claim via arbitration.
Apparently, this is the operative language:
[A]ny and all disputes between me and the Firm arising out of this Agreement, The Firm’s relationship with me or The Firm’s performance of any past, current or future legal services, whether those services are subject of this particular engagement letter or otherwise, will be resolved through a binding arbitration proceeding to be conducted under the auspices of the Commercial Arbitration Rules of the American Arbitration Association in Georgia. The disputes subject to binding arbitration will include without limitation, disputes regarding attorneys’ fees, or costs and those alleging negligence, malpractice, breach of fiduciary duty, fraud or any claim based upon a statute . . . .
I understand that by agreeing to arbitration as a mechanism to resolve all potential controversies, disputes, or claims between us, I am waiving certain rights, including the right to bring an action in court, the right to a jury trial, the right to broad discovery, and the right to an appeal. I understand that in the context of arbitration, a case is decided by an arbitrator (one or more), not by a judge or a jury . . . .
And this language is above the signature line:
NOTICE: I am aware that this agreement contains provisions requiring arbitration of fee disputes. I am aware that I should consult with another lawyer about the advisability of making an agreement with mandatory arbitration requirements. Arbitration proceedings are ways to resolve disputes without use of the court system. By entering into agreements that require arbitration, I give up (waive) my right to go to court to resolve those disputes by a judge or jury. These are important rights that should not be given up without careful consideration.
This article explains a current battle underway in the Georgia Court of Appeals over the enforceability of such a contract.
Here is a brief of the plaintiff. And one from the law firm (with seven lawyers of record on appeal!).