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.