Lateral Link Group v. BLA Schwartz
Defendants, BLA Schwartz, PC, a Massachusetts professional corporation, and three individual attorneys, Irwin B. Schwartz, John V. Komar, and Nicholas R. Cassie, appeal from an order denying their petition to compel arbitration of attorney malpractice claims brought against them by plaintiffs, Lateral Link Group, LLC (“Lateral Linkâ€) and Michael Allen (“Allenâ€). For the reasons stated below, we affirm the trial court’s finding of unconscionability but conclude that the unconscionability may be cured through severance. Accordingly, we affirm in part and reverse and remand with directions to sever from the retainer agreement the clause “except that in no event will the parties be entitled to conduct pre-hearing discovery†and grant defendants’ motion to compel arbitration.
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