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