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Legal Malpractice and Arbitration

h, some states prohibit the awarding of punitive damages in arbitration, creating a benefit for attorneys.

Most states have been concerned with the procedural considerations of providing for mandatory arbitration of attorney-client disputes. In Maine, the Supreme Judicial Court enacted Rule 9, which created a mechanism for binding arbitration of attorney-client disputes. Such arbitration is to come under the jurisdiction of the Board of Overseers of the Bar. Furthermore, the Maine Supreme Judicial Court enacted Rule 3.3(c), obligating an attorney to submit fee disputes to Maine Bar Rule 9 arbitration when requested to do so by the client. These provisions have been upheld by the Maine Supreme Court. In Anderson v. Elliott, the court said that Rule 9 encouraged efficient resolution of sensitive monetary disputes between attorneys and their clients. It also noted that the attorney appealing the arbitration decision did not argue that arbitration was any less reliable or fair than a tr

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Legal Malpractice and Arbitration. (1969, December 31). In LotsofEssays.com. Retrieved 02:42, May 17, 2024, from https://www.lotsofessays.com/viewpaper/1707007.html