Roldan

Plaintiffs settled the underlying case reluctantly, and only after their attorneys—including defendants herein—unsuccessfully attempted to have them declared legally incompetent so that a guardian ad litem could be appointed to cooperate with the attorneys’ efforts. Plaintiffs subsequently elected to file suit against the attorneys based on that attempt, on the alleged inadequacy of the settlement, and on other conduct. Defendants Callahan and Blaine, Edward Susolik and Lee Burrows (collectively Callahan) successfully moved to compel arbitration of that suit, based on the arbitration provision contained in the firm’s retainer agreement, and we declined to review that decision when plaintiffs petitioned this court for a writ of mandate.

Plaintiffs, however, contend they are indigent and cannot afford to share in the substantial expense of the arbitration forum, and thus they filed a motion in the trial court seeking an order compelling Callahan to advance the entire upfront cost of the arbitration forum they have insisted upon utilizing. That motion was denied and plaintiffs contest that denial in this appeal. We reverse and remand to the trial court with directions to…