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DESERT OUTDOOR ADVERTISING v. SUPERIOR COURT

No. A129051.

196 Cal.App.4th 866 (2011)

DESERT OUTDOOR ADVERTISING et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; GERALD M. MURPHY et al., Real Parties in Interest.

Court of Appeals of California, First District, Division One.

June 17, 2011.

Attorney(s) appearing for the Case

Herbert W. Yanowitz for Petitioners.

No appearance for Respondent.

Horvitz & Levy, David M. Axelrad , David S. Ettinger ; Murphy, Pearson, Bradley & Feeney, James A. Murphy and John P. Girarde for Real Parties in Interest.

OPINION

MARCHIANO, P. J.—

A lawyer represents a client under a fee agreement that does not contain an arbitration clause. As sometimes occurs these days, the lawyer changes firms in the middle of the litigation. The client signs a new engagement and fee agreement that includes an arbitration clause set forth in understandable terms. Is it the client's responsibility to read the fee agreement, or does the scope of the lawyer's fiduciary...

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