LEO: Retainer Agreements - Arbitration LE Op. 638
Retainer Agreements - Arbitration of Malpractice Claims.
December 3, 1984
Under the provisions of DR:6-102 and EC:6-6 of the Virginia Code of
Professional Responsibility, effective October 1, 1983, and Massachusetts
Legal Ethics Opinion 82-1, dated January 12, 1982, it is not ethically
improper for an attorney to include in a retainer agreement with a client
a provision for binding arbitration or nonbinding but admissible
arbitration of any malpractice claim which may arise out of the
professional enjoyment provided that the client consents after full
disclosure of the effect of such a provision and after the client is
advised to seek independent counsel in regard to the advisability of such
a provision. See also Code §§ 8.01-577 et seq. and § 8.01-581.12, Code
of Virginia (1950), as amended.
Committee Opinion December 3, 1984