I am not certain I would read the recent EC&J v. Kessel case as broadly as did the The Institute for Conflict Management's ADR Blogger, but I haven't had time to carefully read the opinion myself (which I will do, and report to you within the week). 

So that you're alert to the opinion, I refer you to the ICM's ADR post, Court Rules Pre-Dispute Arbitration Clauses Valid in Fee Disputes.

The ICM blogger explains: 

A California appeals court has opened the door to the enforcement of pre-dispute arbitration agreements between attorneys and their clients, ruling that once a client waives the right to non-binding arbitration under the state’s Mandatory Fee Arbitration Act, a court may compel binding arbitration based on the agreement of the parties.


California’s Second Appellate District rejected the notion that language in the MFAA requiring a post-dispute binding agreement to arbitrate bars enforcement of a pre-dispute binding arbitration agreement, ruling that the statutory language only prohibits enforcement of pre-dispute arbitration agreements governed by the MFAA ( Ervin, Cohen & Jessup, LLP v. Steven H. Kassel et al., No. 191761, 2/14/2007).

For the remainder of the article, click here and for the opinion itself, click here.