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Texas Attorney-Client Arbitration Fairness Act
Problem
Many attorney engagement agreements include pre-dispute arbitration clauses that waive a client’s right to a
jury trial and remove disputes from the public court system. Clients often sign these agreements during
periods of emotional or legal stress without fully understanding the rights they are surrendering. Because
attorneys understand the legal system far better than their clients, arbitration clauses in fee agreements can
create a significant imbalance if the client has not received truly independent legal advice before agreeing to
waive constitutional rights.
Texas Attorney-Client Arbitration Fairness Act
Target: 1000 Received: 0
Require that any arbitration clause in attorney-client agreements be entered into with informed consent. Clients must be advised in writing to seek independent legal counsel, be given a reasonable opportunity to consult that counsel, and sign a separate written disclosure acknowledging the rights being waived before arbitration can be enforced.
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