On April 13, 2017, the California Law Revision Commission (CLRC) met once again to discuss mediation confidentiality as well as other topics. In preparation for this meeting, Barbara Gaal, Chief Deputy Counsel posted Memorandum 2017-19 which contains the almost final version of the Tentative Recommendation that will probably be posted for public comment after the next meeting on June 8, 2017 in Sacramento. Although it is 81 pages, it is a very concise statement of the Commission’s research, preliminary conclusions and proposed legislation. In short, it is the equivalent of “Mediation Confidentiality and its Exceptions in a Nutshell” if the Nutshell series ever issued such a synopsis. (Or, Cliff Notes study guides or Gilbert Study Guides!)
The Commissioners took up several issues during the meeting. The first was to clarify when the exception would apply by adding language in the comment referencing certain language in Lee v Hanley (2015), 61 Cal. 4th 1225,1229:
Under paragraph (1) of subdivision (a), this exception pertains ------------------------------------- If you would like to receive this blog automatically by e mail each week, please click on one of the following plugins/services:
to an attorney’s conduct in a professional capacity. More precisely,
the exception applies “when the merits of the claim will necessarily
depend on proof that an attorney violated a professional obligation
— that is, an obligation the attorney has by being an
attorney —in the course of providing professional services.” Lee v.
Hanley, 61 Cal. 4th 1225, 1229, 34 P.3d 334, 191 Cal. Rptr. 3d 536
(2015) (emphasis in original); see also id. at 1239. “Misconduct does
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