By Steven G. Mehta The long-awaited Cassel decision has now come down this last week. The gist of the decision is that the mediation privilege trumps the right of a client to sue a lawyer for malpractice for events that occurred in mediation or in anticipation of...
Month: January 2011
Lawyer-Client Talks Relating to Mediation Cannot Be Used to Prove Malpractice Claim
Private discussions that attorneys have with their client during or relating to mediation of the client’s case may not be used against the lawyers if the client subsequently sues them for malpractice, the California Supreme Court declared Jan. 13 (Cassel v. Superior...
CALIFORNIA SUPREME COURT EXCLUDES ATTORNEY-CLIENT COMMUNICATIONS MADE FOR THE PURPOSES OF MEDIATION
January 13, 2011–The California Supreme Court today released its decision in Cassel v. Superior Court (Wasserman Comden Casselman & Pearson). The Court has deemed attorney-client privileged communications “made for the purposes of mediation” inadmissible at a...