California Court of Appeal

A sophisticated businessperson client, who was represented by a lawyer under a fee agreement that does not contain an arbitration clause, that signs a new engagement and fee agreement with the same lawyer at a different firm that includes an arbitration clause set forth in understandable terms, is responsible for reading the fee agreement. The scope of the lawyer’s fiduciary duty does not require the lawyer to separately explain the arbitration clause to the client, and the client’s admitted failure to fully read the agreement is not “reasonable” and not a basis to avoid arbitration.

Appellate Information

• Decided 06/17/2011
• Published 06/17/2011

Judges

• Marchiano

Court

• California Court of Appeal

Counsel