“The arbitration provision at issue here was drafted by defendants and was never discussed with plaintiff. While defendants discussed several of the other material terms of the attorney-client agreement with plaintiff—such as the amount of the fee, the nature of a contingent fee agreement, and the intended scope of work—defendants never mentioned anything about the arbitration clause,” Justice Nathaniel R. Howse Jr. said.
Settling an arbitration dispute between a former client and a Kansas City-area law firm, an Illinois appellate court concluded a legal-malpractice action could proceed because the attorneys failed to review an arbitration provision in their attorney-client agreement.
In an Aug. 30 opinion, the Illinois First District Appellate Court affirmed a Cook County judge’s decision denying a motion to compel arbitration by the accused firm, Humphrey, Farrington & McClain and its attorneys, allowing claims brought by a former client, Bryan Dick-Ipsen. Andrew Smith, an attorney at Humphrey, Farrington & McClain, represented Dick-Ipsen in an underlying action alleging Dick-Ipsen developed Parkinson’s disease after being exposed to toxic chemicals as a dry cleaner.
