The issue of mandatory arbitration of employment and consumer disputes continues to be controversial. The principal bone of contention appears to be the requirement that the employee or consumer waive the right to participate in class or collective actions, so that his or her sole recourse is the pursuit of individual claims in arbitration. No matter how employee- or consumer-friendly the arbitration provision is, if it contains a class action waiver, neither the plaintiffs’ bar nor consumer advocacy groups will like it. But such provisions have survived judicial scrutiny in cases governed by the Federal Arbitration Act. In AT&T Mobility v.

Eight questions to ask before you select a civil trial lawyer 1. How many cases have you tried as solo or lead counsel? There is a difference between a litigator and a trial lawyer. Many fine lawyers are experienced at guiding clients through discovery and setting cases. But not all have substantial courtroom experience. When a lawyer tells you that he or she has "participated" in trials, you should ask at what level of participation, and what parts of the trial the lawyer personally handled. These questions help you to evaluate how much of the lawyer's experience involves actual interaction with judges and juries.