Check out my article in the August 2019 issue of The Advocate magazine on California’s Evidence Code Section 1129. You can read it online here or download the pdf version.
The new section requires attorneys and their clients to sign a printed disclosure of mediation confidentiality restrictions, including the fact that even private attorney-client communications cannot be used if the clients sue for malpractice. While this new “consumer awareness” law imposes an uncomfortable burden on attorneys, it hits a home run in protecting clients, protecting attorneys, and upholding California’s commitment to strict confidentiality in mediation.
You can download a Word version of the required disclosure form from the Procedures page of this website by clicking here.