Confidential still means confidential

Posted on January 16, 2011 by Kevin Forrester

Beth Graham's recent post on the "Disputing" blog, entitled "California Supreme Court Holds Attorney-Client Communications Related to Mediation Not Discoverable", reminds us that in matters within the jurisdiction of the California state courts mediated in accordance with California law, confidential means confidential.  

Ms. Graham points out that, in its January 13, 2011, Cassel v. Superior Court (PDF) opinion, "[t]he California Supreme Court held Cassel’s private communications with his attorneys related to the mediation were confidential communications protected by California’s Evidence Code and could not be discovered during a legal malpractice lawsuit between the parties." 

This extension of California's jurisprudence on mediation confidentiality to attorney-client communications, even in cases of alleged attorney malpractice, is consistent with earlier decisions discussed on this site here (2007) and here (2008).

 

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