Monday, February 4, 2019
A newly-released opinion of the District of Columbia Bar Legal Ethics Committee
Ethics Opinion 376
Mandatory Arbitration Provisions in Fee AgreementsFee agreements containing mandatory arbitration provisions are "ordinary fee arrangements," and the requirements of Rule 1.8 which addresses business transactions between lawyers and clients do not apply. The standard for obtaining client consent to fee agreements containing mandatory arbitration provisions is set forth in Comment  to Rule 1.8, and Legal Ethics Opinions 211 and 218 are superseded by Comment  and this opinion.