Illinois Appellate Court Rejects Law Firm’s Reliance on Arbitration Provision, Clearing the Way for Malpractice Action

“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.