Law Practice
Feb. 7, 2019
Public policy should disfavor lawyer-layperson arbitrations
As with sexual harassment in the workplace, lawyers can take advantage of clients in complex and nuanced ways. It makes no sense to create an avenue of escape that can be exploited by the small minority of lawyers who would think to exploit it.
Last year, Facebook and Google announced they would no longer force employees to arbitration of employment grievances. Most commenters lauded this policy announcement as the right thing to do. These two corporate behemoths joined Microsoft, Uber and Lyft, all of which ended forced arbitration last year. There appears to be a newfound appreciation that mandatory arbitration clauses are systemically bad, particularly when contrasted with vetting these kinds of personal ...
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