Alternative Dispute Resolution
Dec. 2, 2009
Is Mediation the Practice of Law?
Marco Turk of Cal State Dominguez Hills comments on State Bar Rule 2.30, which allows private mediators to practice as inactive members.
A. Marco Turk
Emeritus Professor, CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
The State Bar of California has taken the position that under its Rule 2.30 an attorney (which would include those retired judges still holding Bar membership) serving as a private arbitrator is engaged in the practice of law and therefore must be on active rather than inactive status. This is because under Rule 2.30 the Bar has determined that an inactive attorney serving as a private arbitrator would be engaged in the unauthorized practice of law since that rule prohibits an inact...
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