Court Denies Arbitration Over Law Firm’s Failure to Inform Client of Clause

Settling an arbitration dispute between a former client and a Kansas City-area law firm, an Illinois appellate court concluded a legal-malpractice action could proceed because the attorneys failed to review an arbitration provision in their attorney-client agreement.

In an Aug. 30 opinion, the Illinois First District Appellate Court affirmed a Cook County judge’s decision denying a motion to compel arbitration by the accused firm, Humphrey, Farrington & McClain and its attorneys, allowing claims brought by a former client, Bryan Dick-Ipsen. Andrew Smith, an attorney at Humphrey, Farrington & McClain, represented Dick-Ipsen in an underlying action alleging Dick-Ipsen developed Parkinson’s disease after being exposed to toxic chemicals  as a dry cleaner.

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