Queen Creek, AZ asked in Legal Malpractice for Arizona

Q: Arbitrator Qualifications

I had an arbitration hearing for legal malpractice. The attorney/arbitrator who heard the case was an attorney who practiced a completely different type of law.... business I believe. He seemed quite incompetent as he had to ask my attorney and the attorney I was suing how the process worked. For example, he wasn't aware of the swear in process, certain laws / rules regarding proper conduct between myself and the attorney I was suing or the general flow of the hearing. To me, the difference was liken to a Family court attorney arbitrating over criminal arbitration (If that's a thing). So my question is, shouldn't the arbitrator practice the same type of law as presented in the case? Can a criminal attorney be an arbitrator of a family law case? (For example)

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1 Lawyer Answer
Joel Gary Selik
Joel Gary Selik
  • Legal Malpractice Lawyer
  • Las Vegas, NV

A: Not necessarily. The attorneys representing the parties should brief the arbitrator on the law.

But, the Arbitrator should know how to conduct an Arbitration.

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