Clarifying Florida lawyers’ position

by Walter Olson on March 17, 2012

According to what seems to be the sense of many in the Florida legal profession, doctors and their patients should not have the right to enter enforceable arbitration agreements before the fact to resolve disputes, but lawyers and their clients should have the right to enter enforceable agreements before the fact to limit liability for excessive charging of legal fees. Thanks for clarifying! [White Coat, scroll; earlier]

{ 3 comments }

1 John Burgess 03.17.12 at 4:20 pm

Well of course! Only fools would think that ducks and drakes, geese and ganders required the same treatment. Lawyers are special, very special.

2 smart dude 03.18.12 at 5:41 pm

Thought experiment:

A plaintiff’s attorney in a medical malpractice argues that an arbitration agreement entered into by the plaintiff and a defendent doctor is unenforceable.

The very same plaintiff’s attorney commits serious legal malpractice and argues that an arbitration agreement entered by the plaintiff and this attorney is fully enforceable.

3 antiredistributionist 03.20.12 at 1:35 pm

Aronfeld’s article is replete with half truths. For example, he refers to caps on awards but fails to mention that the caps only apply to non-economic damages.

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