Guay v. Lloyd Ward, P.C.
2014 Ohio 190
Ohio Ct. App.2014Background
- Guay contracted with Lloyd Ward, P.C. in July 2010 after viewing their website and signed an online Client Services Agreement.
- The Agreement includes a Texas governing law clause and a Dallas, Texas venue clause for disputes.
- The Agreement contains an arbitration clause directing disputes to AAA arbitration under Texas law.
- Guay terminated services and filed a Fairfield County, Ohio lawsuit on June 11, 2012 asserting Ohio Debt Adjustment, Ohio Consumer Sales Practices Act, and fraud claims.
- Defendants moved to dismiss or transfer venue (forum non conveniens); later motions sought to compel arbitration and enforce the forum selection clause; the trial court denied these motions; defendants appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the forum selection clause is enforceable. | Ward argues the court should enforce the Texas venue clause. | Guay contends the Ohio forum is proper for her claims. | Denial of transfer venue is not a final, appealable order. |
| Whether the arbitration clause should have been enforced. | Ward contends arbitration should proceed per the agreement. | Guay argues the attorney-client relationship precludes such arbitration. | Arbitration was not enforced; agreement violated by lack of independent client representation. |
Key Cases Cited
- Gen. Elec. Capital Corp. v. Golf Club of Dublin, L.L.C., 187 Ohio App.3d 420, 932 N.E.2d 401 (Ohio App.3d 2010) (venue/ forum issues; arbitration considerations under Ohio law)
- Thornton v. Haggins, 2003-Ohio-7078 (8th Dist.) (arbitration of attorney-client disputes; need independent representation)