Litigation & Arbitration,
Civil Litigation,
Law Practice
Apr. 26, 2013
Lawyers lose right to arbitrate despite clear contract terms
When love, law and money intersect, lawyers may lose their right to arbitrate malpractice claims against them. At least that is what happened in Barsegian v Kessler & Kessler.
Timothy D. Reuben
Founder and President of Reuben Raucher & Blum and the Founder of Reuben Mediation
Email: treuben@rrbattorneys.com
Timothy D. Reuben is a mediator, litigator and author who focuses on resolving complex civil disputes in state and federal courts, as well as in arbitration and mediation. He is also the author of "Tequila, a Story of Success, Love & Violence," a legal novel inspired by real world legal practice that explores power, loyalty and the human dynamics that drive conflict.
When love, law and money intersect, lawyers may lose their right to arbitrate malpractice claims against them. At least that is what happened in Barsegian v Kessler & Kessler, 2013 DJDAR 4813 (Cal. App. 2nd Dist. April 15, 2013). Barsegian sued in a single complaint both her own prior lawyers for malpractice as well as her prior boyfriend, his brother-in-law, and a related entity for fraud and other claims.
The trial court refused to allow the lawyers to arbitrate the m...
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