binding arbitration? in a personal injury law representation contract? help me understand this please!?

by admin on July 3, 2010

im involved in a personal injury case and im trying to understand the contract my lawyer requires me to sign before representing me and my case, it says dispute resolution by arbitration or more specifically:

Each party agrees that all disputes, controversies, claims or demands arising out of or relating to the interpretation, enforcement or alleged breach of this contract shall be submitted to binding arbitration under the texas arbitration act. this includes any derivitive claims, inclusive of legal negligence, breach of fudiciary duty fraud, duress, misappropriation of funds, or any other claimsagainstattorneys, its partners, associates, affiliates,or other representatives. the arbitration award shall be final, binding and unappealable.

so is this a good thing for me because its hard to understand what any alternatives to the contract between me and the lawyer coudl be, if there is a better alternative, how shall i request the new contract be written before i sign it???

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{ 1 comment }

Vern86 July 3, 2010 at 2:18 pm

Not really. It means you cannot sue him if you don’t like his work. You have to go through an arbitrator…of his choosing, and the the verdict of that arbitrator is binding and you have to live with it, without an appeal process for you.

You say you do not want to go through an arbitrator, you want your rights to sue in civil court. Say if he is as good a lawyer as he says he is, he would agree.

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