I recently learned that a large medical provider in the Atlanta area has started presenting patients with arbitration agreements.
Imagine showing up to one of their urgent care centers with a sick child who has a 103-degree fever, is vomiting, and is screaming. As you’re scrolling through intake paperwork, you’re presented with a request to waive your constitutional right to a jury trial.
Plaintiffs’ lawyers should oppose arbitration agreements. These agreements take away an important constitutional right, and they’re often presented in adhesion contracts where there is little or no meaningful bargaining power.
But imagine making that argument if you yourself require clients to sign arbitration agreements in your fee contracts. It’s a bit like talking out of both sides of your mouth, isn’t it?
It certainly doesn’t help when one of the largest personal injury firms in America requires its clients to sign arbitration agreements in their fee contracts. That not only paints them as hypocrites, but it creates a public perception problem for all plaintiffs’ lawyers who need to speak consistently about the overuse of arbitration agreements.
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