Focus (Forum & Focus)
Aug. 26, 2008
If You Know the Case Law, Litigation Doesn't Have to be Robotic
When the law is uncertain and the terrain dangerous, there are generally two paths for attorneys to follow: abide by the statutory requirements to the letter; or make up your own law, writes Victoria Pynchon. - Focus Column
By Victoria Pynchon
This article appears on Page 6
Here in California, there's no stronger rule of confidentiality than that applied to a mediation. It cannot be impliedly waived like most privileges, including the near-sacred attorney-client privilege. Simmons v. Ghaderi, 2008 DJDAR 11107. You cannot be estopped from relying on it. Eisendrath v. Superior Court, 109 Cal.App.4th 351 (2003). An...
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