Given the pervasive use of e mail in business and in our lives in general, it is not surprising that a lot of disputes get settled via e mail. Indeed, there is a whole cottage industry including several web sites devoted to on-line dispute resolution.Consequently, a recent federal district court [Read More]
According to the Second Appellate District of the California Court of Appeal, mediation confidentiality will not protect attorney-client communications. In Porter v. Wyner, Case No. B211398 (April 8, 2010), this appellate court held that communications between an attorney and a client during a mediation are not protected by mediation confidentiality. [Read More]
In previous blogs, I have discussed the hullaballoo surrounding the introduction of AB 2025 into the California Legislature. As originally drafted and introduced into the California State Assembly, it provided that mediation confidentiality would not preclude the introduction of "... communications between a client and his or her attorney during [Read More]
On August 3, 2012, I posted a blog about Resolution SR-05-01-2012 that was proposed to the California Conference of Bar Associations by Bay Area Lawyers For Individual Freedom. Jo Hoenninger, Esq. is its author. The proposed resolution, if passed by the Conference at California's Annual State Bar Convention would not [Read More]
Readers of not only my blog but those of other California neutrals are no doubt familiar with all of the hullaballoo raised over AB 2025- the California Legislature's attempt to exclude actions for legal malpractice and disciplinary actions from the cloak of mediation confidentiality. At present, that assembly bill has [Read More]
On February 23, 2012, Assembly Bill 2025 (ab_2025_bill_20120223_introduced) was introduced in the California legislature. The intent of the bill was to abolish mediation confidentiality with respect to "... communications between a client and his or her attorney during mediation, in an action for legal malpractice or breach of fiduciary duty [Read More]
Several weeks ago, I posted a blog about California Assembly bill AB 2025 which would abolish mediation confidentiality in very limited circumstances; namely, in actions "... for legal malpractice, an action for breach of fiduciary duty, or both, or in a State Bar disciplinary action..." communications directly between the client [Read More]
ast Thursday, February 23, 2012, Assembly Member Wagner introduced AB 2025 before the Californai State Legislature. The proposal seeks to create an exception to mediation confidentiality by amending Section 1120 of the California Evidence Code to allow the introduction of evidence: (4) ...in an action for legal malpractice, an action [Read More]
