Firm News
California Court of Appeals – Mediation Confidentiality Statute Precludes Client from Proving Malpractice Based Upon Attorney’s Conduct at Mediation
By Will Jordan
Client brought malpractice action against his attorney alleging the attorney negligently advised him to execute a settlement agreement that was not in his best interest. It was undisputed that any act or omission by the attorney that allegedly caused the client to execute the settlement agreement occurred during the mediation. California has a broad confidentiality statute with respect to mediations. In affirming the dismissal of the legal malpractice action, the court held that because all communications between the attorney and the client regarding the settlement occurred in the context of mediation (all of which were protected by the confidentiality statute), the client could not prove that any act or omission by the law firm caused him to enter into the settlement agreement and, thus, to suffer any injuries.
Amis v. Greenberg Traurig LLP, 235 Cal. App. 4th (Cal. Ct. App. March 18, 2015).
Read the full opinion here.