In Greenberg Traurig, LLP v. Nat’l Am. Ins. Co., a client sued its attorney for malpractice. 448 S.W.3d 115 (Tex. App.—Houston [14th Dist.] 2014, no pet.). The defendant filed a motion to compel arbitration due to an arbitration clause in the parties’ engagement agreement. The plaintiff alleged that the arbitration clause was not enforceable because the defendant owed the plaintiff a fiduciary duty and the defendant never informed the plaintiff regarding the meaning or impact of the arbitration clause. The court of appeals held that an attorney did not owe a fiduciary duty to explain an arbitration clause in its engagement agreement. Court enforced the arbitration clause.

INTERESTING NOTE: Even though this case dealt with an attorney and client, it should also apply to trustees. If a trustee has an agreement with beneficiaries that contains an arbitration clause, the clause should be enforceable even if the trustee does not explain the meaning of that clause to the beneficiaries.