the contract my new attorney give me to sign says if we have dispute it must go to binding arbitration. I asked him about it and he said most attorneys do it that way. But I asked a few friends in my office. they think its odd that a attorney refuse courts to solve a dispute. IS this arbitration truly the norm or do I have to be concerned attorney is no on the up and up . I have not yet paid the $500 initial fee to him. there is also contingency but its a bit complicated with a sort of formula.So I went to the attorney for legal advice and to take court claim against the business that cheated my family , but the 6 page agreement is full of long sentences and really difficult meanings . Do I need to go to an other attorney to advice me on the first attorneys standard agreement terms?
Lawyers are allowed to ask you to sign a contract agreeing to this, but I don't think his representation that "most attorneys do it this way" is accurate.
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If you don't like the contract, then don't sign it. Wondering about what "most attorneys do" is unproductive. Arbitration clauses are legitimate contract terms no matter what your non-lawyer friends "think."
I don't know whether "most lawyers" do it, but using an arbitration clause in a contract to settle disputes is quite common.
Arbitration is generally quicker, less expensive, and much less complicated than litigation. So from a layperson's perspective, you would have an easier time arbitrating a dispute than you would litigating a dispute.
I agree, there is no way to tell whether "most lawyers do that" or not from a variety of angles. Bottom line is, if you don't feel comfortable with that provision, you ask that he strike it or simply find a lawyer that doesn't have such a provision. To be clear, such a provision DOES NOT inherently mean the lawyer is snaking you. Though you may not know it, virtually every contract you have signed in the past 20 years likely has some such provision and this is currently a hot topic for the CFPB in regard to credit card agreements.
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