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p0556 Since the Mandatory Fee Arbitration Act gives the client a choice between arbitration and litigation of a claim for attorney malpractice, a client did not take a position contrary to any of the rights enumerated in the Act by filing a malpractice suit against his former attorney and so was not judicially estopped from asserting those rights, but filing the action was a waiver of all rights under the Act, including the protection against being compelled to arbitrate fee disputes.CitationAGUILAR v LERNER (Fee Dispute) 32 C4 974 [See: CCP 1280 etseq; B&PC 6200 etseq; Aguilar v Lerner (RevGrtd) 90 CA4 177, P/AT 9/01 Moncharsh v Heily 3 C4 1]
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