No. 2017-C-630 Precedential Processed

Potier v. Morris Bart, L.L.C.

Louisiana Supreme Court · Filed June 5, 2017 · 221 So. 3d 45

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Opinion text

CRICHTON, J., additionally concurs and assigns reasons: hi agree with the decision to deny this writ. I write separately to make clear that, in my view, a contract between an attorney and a client requires a heightened burden on the attorney to make “full and complete” disclosures related to arbitration clauses. Hodges v. Reasonover, 12-0043 (La. 7/2/12), 103 So.3d 1069 . As noted by Justice Knoll in her plurality opinion in Hodges , these disclosures should detail the effects of an arbitration clause, and may include “the waiver of a jury trial, the waiver of the right to appeal, the waiver of broad discovery rights, and the possible high upfront costs of arbitration.” Id. at 1078 . It is my opinion that additional disclosures are essential to respecting the sancrosanct nature of the attorney-client relationship.