Many lawyers include arbitration provisions in their fee agreements looking only at the perceived benefits without considering the risks and ethical requirements.  Lawyers often believe that arbitration is a more favorable forum, is more private, and less expensive.  In practice, this is not always the case. There are many traps for the unwary, and the potential cost of the perceived benefits may offset the benefit itself. This article discusses the following topics:

• The Applicable Ethical Rules in Texas

• Resolving a legal malpractice claim in arbitration can have unintended consequences for the lawyer

• What are some of the benefits of arbitrating attorney-client disputes?

  • Privacy and Confidentiality

  • Subject Matter Expertise and Power to Choose

  • Time Savings

• Benefits should be considered with the potential risks

  • Unplanned Costs

  • Loss of Procedural Protections and Appellate Rights

  • Risks of using lawyer-centric provisions

• What does TLIE say?

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