Sample Language

A typical arbitration clause might read as follows:

Arbitration Agreement Regarding Attorney-Client Disputes
(a) Any dispute between us arising out of or connected to our representation of you, including but not limited to all tort or contract causes of action, as well as claims based on claimed breach of contract, unjust enrichment, legal malpractice, breach of fiduciary duty, constructive fraud, negligent misrepresentation and fraud, shall be submitted to binding arbitration at [designate ADR service provider] in [state location] before [insert type and number of neutrals] who will apply [designate applicable rules]. By so agreeing, you are waiving your right to submit any dispute or any cause of action you may have against us to a jury or court trial.
(b) Notwithstanding the binding arbitration agreement set forth in paragraph (a) above, in the event of a fee dispute between us, you are entitled to participate in fee arbitration through the [insert name of your local Bar Association], pursuant to Business & Professions Code sections 6200?6206. In the event you elect not to participate in fee arbitration pursuant to the Business & Professions Code, we will resolve the fee dispute pursuant to the binding arbitration agreement set forth in paragraph (a) above. If you do elect to participate in such a fee arbitration but reject an award issued therein by, among other things, requesting a trial de novo, the trial de novo will consist of a binding arbitration conducted pursuant to the agreement set forth in paragraph (a) above. If you waive fee arbitration through the [insert name of local Bar Association] or request a trial de novo following such a fee arbitration, you are waiving your right to submit the fee dispute to a jury or court trial.
(c) We advise you that you have the right to review this arbitration provision with independent counsel of your choosing.
Notice: By initialing below and signing this contract you are:
1) Agreeing to arbitration as set forth above in paragraph [insert paragraph number/letter], and are giving up your right to a jury trial or court trial as to all claims covered by that arbitration agreement; and
2) Acknowledging that you have been advised to and have had the opportunity to consult with independent counsel concern-ing this arbitration agreement.
CLIENT INITIALS_______

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