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Click here for the full text of this decision FACTS:Valerie Wilson hired Dennis Taylor and his firm, Shepherd, Smith & Bebel, to represent her on a claim against an investment firm and its broker. As part of the relationship, the parties signed a power of attorney agreement and contingent fee contract that contained an arbitration clause. Claiming that the firm entered into a $40,000 settlement with the investment firm without her authorization, Wilson filed a legal malpractice action against Taylor and Shepherd, Smith & Bebel. The firm sought to compel arbitration, citing the clause in the contingent-fee contract. The Texas Arbitration Act (TAA) does not apply to a claim for personal injury unless, under Texas Civil Practice & Remedies Code 171.002(a)(3), each party to a claim, on the advice of counsel, agrees to arbitrate in writing, and the agreement is signed by both sides’ attorneys. The parties here did not follow 171.002(a)(3), so the trial court ruled the arbitration agreement was unenforceable and thus denied the motion to compel. On appeal, the attorney and the law firm argue that the case was not a personal-injury suit and so 171.002(a)(3) would not have applied. HOLDING:Reversed and remanded. Confirming that this is an issue of first impression for this court, the court reviews three cases from three other Texas Courts of Appeals and finds it agrees with cases from the 4th and 7th Courts of Appeals and disagrees with a case from the 13th Court of Appeals. The former courts held that a legal malpractice claim is not a claim for personal injury. The court finds support for its conclusion in the legislative history underlying the personal-injury provision of the TAA. OPINION:Anderson, J.; Anderson, Frost and Seymore, JJ.

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