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.


  1. RE: "Holy Crap Edition."

    Gotta love the title!!

  2. 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?

  3. 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.

  4. Was that language in this agreement?

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


  7. 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."

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


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