Ethics/Professional Responsibility
Mar. 28, 2015
Lawyers behaving badly... in mediation
A recent Court of Appeal ruling reaffirms that the absolute confidentiality of mediations survives even malpractice claims. By Matthew S. Kahn
In Amis v. Greenberg Traurig LLP, 2015 DJDAR 3179 (Cal. Ct. App. 2d Dist. March 18, 2015), the Court of Appeal revisited the issue of legal malpractice claims that arise out of alleged attorney negligence in the course of a confidential mediation. In a unanimous opinion, the court came down firmly on the side of maintaining the statutorily prescribed strict confidentiality of mediations - even where it would mean wholly depriving client...
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