Robert Romero Quoted in Law360 Article Discussing Tips For Crafting Attorney-Client ADR Pacts
The article discusses tips attorneys can use to avoid malpractice claims by creating alternative dispute resolution and mandatory arbitration clauses in their fee deals and engagement letters. Mr. Romero is quoted as saying "[g]enerally speaking, having an ADR is a positive in a fee agreement because arbitration tends to be a forum in which you can quickly resolve fee disputes before that happens."
The article then examines when drafting ADR clauses, lawyers can consider giving the client an opportunity to weigh in on an arbitrator's experience level and things like an expected resolution time frame. Mr. Romero explains "You can choose to be overly deferential to the client in the selection of mediators...Like any other provisions, there is a practical bent to making sure both sides are benefiting by an ADR provision...and that necessarily involves a full discussion about fee expectations and ultimately the fee agreement itself."
Read the full article "4 Tips For Crafting A Foolproof Atty-Client ADR Pact" on the Law360 website. Please note subscription may be required.
Robert J. Romero is a trial lawyer emphasizing insurance coverage disputes, professional liability suits, and complex commercial matters. He has first chaired numerous jury and bench trials throughout California, and has litigated significant matters in Arizona, Oregon, Nevada and Hawaii. He has also served as appellant counsel in a number of reported decisions.