FEDERICI, v. GURSEY SCHNEIDER & CO., Part I
Unambiguous provision in retainer agreement between accounting firm and client, requiring client--as a prerequisite to any future malpractice action--to raise existing professional negligence claims as an affirmative defense in any fee-related arbitration so that any such damages would be offset against accountant fees, and only if remedy failed to compensate client for all negligence damages could client pursue further relief through separate litigation, was valid and enforceable. Client's failure to raise malpractice issue in arbitration proceedings was a complete bar to subsequent tort action, even if client was unaware of the malpractice issues at the time of the arbitration.
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