Illinois Appellate Court
Civil Court
Arbitration Clause
Plaintiffs filed a lawsuit against their former attorneys for legal malpractice, alleging that the defendants were negligent when they filed claims outside of the applicable statute of limitations. The defendants moved to compel arbitration based on a retainer agreement signed by the plaintiffs. The trial court denied the motion by finding that the arbitration provision was procedurally unconscionable and defendants appealed. The appellate court affirmed, finding that the trial court did not err when it concluded that defendant did not establish that plaintiffs were aware of the implications of the arbitration agreement before it was signed. (McBRIDE and ELLIS, concurring)