Unconscionable Arbitration

The trial court did not abuse its discretion in finding an arbitration agreement procedurally unconscionable when: “Herman testified in his affidavits that the meeting with appellant [law firm]’s employee was less than ten minutes. Herman made a brief statement to the employee explaining the accident, and the employee told Herman to sign a document. Herman asked the employee if the document was a contract, and the employee answered, ‘No, we are just gathering information,’ that the Daspit firm would review the facts, and that a lawyer would call him. The employee was ‘very impatient’  and told Herman ‘he could not stay to explain things.’ Herman also testified that when he signed the document, he ‘did not understand . . . that it contained an arbitration clause.’ Herman argues appellant’s employee did not permit Herman to read the arbitration provision before signing the document.” Daspit Law Firm v. Herman, No. 05-19-00615-CV (Aug. 25, 2020) (mem. op.)