Mediation Case Law Teaching Videos

Video

Ethics/Malpractice

Publication Date

2007

Comments

Play time: 2:00 minutes

Wimsatt v. Superior Court, 61 Cal.Rptr.3d 200 (Ct. App. 2007) Reluctantly reversing a judicially-created perjury exception to confidentiality, and precluding the client in this legal malpractice action from discovering mediation briefs and emails that would support the allegation that his lawyer lowered his settlement demand without authority; but refusing to issue a protective order for the contents of the conversation in which the lawyer purportedly lowered the demand, reasoning that plaintiff failed to meet his burden to establish that the conversations actually occurred in mediation.

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