Professional Negligence Law Reporter

A Florida appellate court held that an arbitration clause contained in a law firm’s retainer agreement applied to a client’s claims regarding the firm’s allegedly negligent financial advice.

Anne-Sophie Gonthiez Mavroleon retained attorney Fernando Orrego and a law firm to perform estate planning duties, including the creation of a special needs trust for Mavroleon’s adult son with disabilities. The retainer agreement contained an arbitration clause applicable to any claim arising out of the representation. Mavroleon and the trust, who were later allegedly victimized in a nationwide Ponzi scheme, sued Orrego and the firm. Suit alleged the defendants’ failure to conduct due diligence related to the trust’s purchase of investment products constituted legal negligence. The defendants moved to compel arbitration, and the trial court granted the motion.

Affirming, the appellate court rejected the plaintiff’s argument that the arbitration clause did not apply to her claims because the retainer agreement also contained a provision excluding from its scope advice regarding financial products. Although the agreement states that the firm made no warranties regarding financial products, the court said, the plaintiff’s negligence claim arises from the defendant’s representation of her. Thus, the court concluded that the arbitration clause applied to the plaintiff’s claims. Citing case law, the court added that the terms of the arbitration agreement are clear and that public policies favoring arbitration but maintaining access to the courts are not violated by the trial court’s ruling, which enforced the parties’ contractual arrangement.

Citation: Mavroleon v. Orrego, 2022 WL 14672755 (Fla. Dist. Ct. App. Oct. 26, 2022).