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

Supreme Court of Louisiana

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

221 So. 3d 45, 2017 WL 2436838, 2017 La. LEXIS 1246

CourtSupreme Court of Louisiana

DecidedJune 5, 2017

DocketNo. 2017-C-630

StatusPublished

Cited by1 cases

This text of 221 So. 3d 45 (Potier v. Morris Bart, L.L.C.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Potier v. Morris Bart, L.L.C., 221 So. 3d 45, 2017 WL 2436838, 2017 La. LEXIS 1246 (La. 2017).

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Opinion

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.

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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.

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Bluebook (online)

221 So. 3d 45, 2017 WL 2436838, 2017 La. LEXIS 1246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/potier-v-morris-bart-llc-la-2017.

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