In re Royston, Rayzor, Vickery, & Williams, LLP

Francisco Lopez hired Royston, Rayzor, Vickery & Williams, LLP (the Firm) to represent him in a divorce suit. The attorney-client employment contract between the parties contained an arbitration provision specifying that Lopez and the Firm will arbitrate any disputes that arise between them with the exception of claims made by the Firm for recovery of its fees and expenses. Once the underlying divorce matter was settled, Lopez sued the Firm, claiming that the Firm induced him to accept an inadequate settlement. The Firm moved to compel arbitration. The trial court denied the Firm’s motion. The Firm filed an interlocutory appeal challenging the denial and an original proceeding seeking mandamus under common law. The court of appeals affirmed the trial court’s refusal to order arbitration and denied mandamus relief, concluding that the arbitration provision was so one-sided as to be substantively unconscionable and unenforceable. The Supreme Court reversed, holding that Lopez did not prove that either the arbitration provision was substantively unconscionable or any other defense to the arbitration provision. View "In re Royston, Rayzor, Vickery, & Williams, LLP" on Justia Law