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
Reuben MediationTim Reuben spent more than 40 years handling complex legal disputes in California's state and federal courts. As the founder and managing partner of Reuben Raucher & Blum in Los Angeles, he has worked on a wide range of matters through jury and bench trials, arbitration, mediation, judicial reference, and settlement conferences across multiple areas of civil law, including commercial, real estate, construction, employment, intellectual property, insurance, professional liability, and unfair competition.
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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