An attorney is in an influential and superior position to the client when negotiating fee contracts. Because of this position, an attorney has the opportunity to exploit his or her client. Consequently, courts view agreements between a lawyer and client rather suspiciously and apply a higher standard to these agreements. Furthermore, a lawyer is subject to ethical rules which require a lawyer to meet certain duties, including the duty to inform the client about matters regarding the representation! Because of the higher obligations imposed on an attorney when dealing with a client, any benefit of the doubt should go to the client in matters such as whether a claim is covered by an arbitration clause or whether an attorney fully explained the implications of an arbitration clause.
Mark G. Anderson,
Arbitration Clauses in Retainer Agreements: A Lawyer's License to Exploit the Client - Haynes v. Kuder,
1992 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol1992/iss2/4