A six-page adhesion contract burying an arbitration clause raises questions about lawyer ethics.
Evidence
- An example of aud a contract may be found in the printed record in the case of Wilkg v. §mAn, 346 U.S. 427 (1953), which is available in the Harvard Law Library. The document runs over six pages in the record before you get to the arbitration clause. It will repay reading in full as an illustration of an especially intricate attempt by a private party to shape the law to its own advantage. With respect to the lawyer who drew the document, it will be seen, one may ask questions about professional ethics similar to those which were earlier asked with respect to the lawyers who drew the airlines’ tariffs. Apart from ethical aspects, one may also ask whether such a document reflects either sound professional representation on the part of the lawyer or good business judgment on the part of the client. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4697
Categorization
- XREF: connects to: Future-dispute arbitration waivers differ morally from submitting an existing dispute — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4900