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In a cross-motion dispute over allegedly unpaid legal fees claimed by one party, and alleged malpractice claimed by the other, a state appeals court has ruled Foley & Lardner can force a plaintiff suing for legal malpractice to arbitrate the law firm’s unpaid fees claim while the plaintiff’s malpractice action is stayed pending arbitration.

Moreover, the Appellate Division, First Department in its decision has turned back the plaintiff-company Protostorm’s argument that it can’t be forced to arbitrate its malpractice case against Foley & Lardner “because it did not explicitly agree to do so” in a retention or other agreement.

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Jason Grant

Jason Grant is a staff writer covering legal stories and cases for the New York Law Journal, the National Law Journal and Law.com, and a former practicing attorney. He's written and reported previously for the New York Times, the Star-Ledger, the L.A. Times and other publications. Contact him at [email protected] On Twitter, pls find him @JasonBarrGrant

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