Are Arbitration Clauses in Attorney Engagement Letters Enforceable?

As arbitration clauses become common in law firm engagement letters, courts have increasingly addressed their enforceability in legal malpractice disputes. While such provisions may be enforced, courts and ethics authorities require lawyers to meet heightened disclosure and informed-consent obligations due to their fiduciary role. The scope of required disclosure varies by jurisdiction, but generally includes explaining the consequences of arbitration and, in some states, advising clients to seek independent counsel before agreeing to arbitrate malpractice claims.