Wednesday, October 15, 2014

3d DCA Watch -- Holy Crap Edition.


I'm not into kicking anyone when they're down, but it is true that this opinion exists and unfortunately it's the only opinion of significance this week.

Boy I'm going to take a break and get some coffee.

10 comments:

Anonymous said...

RE: "Holy Crap Edition."

Gotta love the title!!

Anonymous said...

brutal.

Anonymous said...

I wonder if he argued that putting an arbitration clause in an agreement should require the attorneys to advise the client to seek independent counsel?

Has that been argued? Is there law on that?

Anonymous said...

Assume it was a non-issue...from 4-1.5:

Arbitration Clauses. --A lawyer shall not make an agreement with a
potential client prospectively providing for mandatory arbitration of fee
disputes without first advising that person in writing that the potential
client should consider obtaining independent legal advice as to the
advisability of entering into an agreement containing such mandatory
arbitration provisions. A lawyer shall not make an agreement containing such
mandatory arbitration provisions unless the agreement contains the following
language in bold print:




NOTICE: This agreement contains provisions requiring arbitration of fee
disputes. Before you sign this agreement you should consider consulting
with another lawyer about the advisability of making an agreement with
mandatory arbitration requirements. Arbitration proceedings are ways to
resolve disputes without use of the court system. By entering into
agreements that require arbitration as the way to resolve fee disputes,
you give up (waive) your right to go to court to resolve those disputes
by a judge or jury. These are important rights that should not be given
up without careful consideration.

Anonymous said...

Was that language in this agreement?

Anonymous said...

Don't know, but I am sure Rothenberg, being the ethical enforcer concurror extraordinaire, would have thrown the clause out if it wasn't.

Anonymous said...

Can I get a PETITION FOR REHEARING!!!

Anonymous said...

The video of the oral argument is interesting, and it wasn't just Rothenberg who went after him. It's easy to find in the "Archived Video Oral Arguments" section of the Third DCA website. Search term "Nordt."

Anonymous said...

Having now watched the video of the oral argument, I think the opinion by Judge Rothenberg is over the top.

Anonymous said...

abuse of power