Could a fee agreement require binding arbitration of every dispute, including malpractice claims?

Plain-English summary

A lawyer asked whether a fee agreement could require every dispute to be submitted to binding arbitration. The proposed language would include claims for malpractice.

The opinion answered that this provision would not violate any provision of the Rules of Professional Conduct. It stated no conditions or exceptions.

Currency note

This 1994 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Would the clause cover malpractice claims?

A: Yes. The question expressly included claims for malpractice.

Q: How did the opinion assess the clause?

A: It said the proposed binding-arbitration provision would not violate any provision of the Rules of Professional Conduct.

Background and rules framework

The opinion addressed only the proposed fee-agreement arbitration requirement. It did not identify a particular rule or discuss enforceability outside the Rules of Professional Conduct.

See also

• Missouri Informal Op. 960066: Binding arbitration in an engagement letter
• Missouri Informal Op. 990130: Binding fee-arbitration clause

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940153/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: May Attorney have a provision in the fee agreement which requires that any dispute, including claims for malpractice, be submitted to binding arbitration? ANSWER: This would not violate any provision of the Rules of Professional Conduct.