New Rules

After many years of study and discussion, the California Supreme Court has finally adopted a modified version of the ABA Model  Rules of Professional Conduct. By order entered  May 10, 2018, the Court approved the request of the Board of Trustees of the State Bar for approval of comprehensive amendments [Read More]

By |June 15th, 2018|Legislature|

An Update on Prior Disclosure.

As some of you may recall, the California Law Revision Commission issued its Tentative Recommendation late last year to create an exception to mediation confidentiality. However, the proposed statute could not find a sponsor and so never got introduced into the legislature. Instead, Senator Wieckowski introduced SB 954 on January [Read More]

By |April 27th, 2018|Legislature|

DOA: Exception to Mediation Confidentiality

In the spring of 2013, the California Law Revision Commission began its study K-402- on creating an exception  to mediation confidentiality for attorney malpractice and other attorney misconduct. In June 2017, it issued its Tentative Recommendation which I have extensively discussed in previous blogs. Although, the opposition  to the Tentative [Read More]

By |March 2nd, 2018|Legislature|

Study K-402; Almost to the Legislature!

On January 5, 2018, The California Law   Revision Commission (CLRC) published it Pre-Print Recommendation on its Study K-402- Relationship Between Mediation Confidentiality and Attorney Malpractice and Other Misconduct. The Note at the bottom of the page cautions that that the CLRC has approved the substance of the report; minor editorial [Read More]

By |January 10th, 2018|Legislature|

On to The Legislature!!

In a hearing on December 1, 2017 lasting one hour beyond the scheduled end time, the California Law Revision Commission (“CLRC”) gave its final approval to the Tentative Recommendation issued in June 2017 to create certain exceptions to mediation confidentiality.  Its final approval is subject to the chair and /or [Read More]

By |December 8th, 2017|Legislature|

Sunk Costs and the California Law Revision Commission

On September 28, 2017, the California Law Revision Commission met to review the public comments it had received to its Tentative Recommendation (issued in June 2017) following its study to create an exception to mediation confidentiality (Study K-402). The clear majority of the comments opposed the Tentative Recommendation. Retired Judge [Read More]

By |October 3rd, 2017|Legislature|

Expanding The Benefits of An Apology!

On July 13, 2017, Hong Kong’s Legislative Council passed an Apology Law ( Apology Ordinance (Cap. 631)) which will take effect on December 1, 2017. (Kluwer Mediation Blog (“Kluwer”)). The Apology Law is broad reaching in its definition and effect. Section 4 defines the meaning of “apology”: (1) In this [Read More]

By |September 29th, 2017|Legislature|

Commenting on Tentative Recommendation

On June 22, 2017, the California Law Revision Commission issued its Tentative Recommendation following its study to create an exception to mediation confidentiality (Study K-402). All public comments should be received by the Commission no later than September 1, 2017. The CLRC just issued its Agenda for its September 28, [Read More]

By |August 18th, 2017|Legislature|