Florida Court Rules That Retainer Agreement Arbitration Provision is Enforceable and Severable From……

A Florida appellate court held that plaintiff was required to arbitrate her claims against the attorney and her law firm (defendants) that represented her in underlying divorce proceedings pursuant to an arbitration provision in the retainer agreement, despite other provisions being unenforceable. The court agreed with plaintiff that the retainer agreement’s fee-shifting and cost-shifting provisions were unenforceable for violating public policy. However, plaintiff was still required to arbitrate her alleged claims because the agreement to arbitrate was severable.

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