The California Law Revision Commission's Mediation confidentiality study is completed after five years. The proposed new exception would apply in the following types of cases: (A) A disciplinary proceeding against the lawyer under the State Bar Act, Chapter 4 (commencing with Section 6000) of the Business and Professions Code, or a rule or regulation promulgated pursuant to the State Bar Act. (B) A cause of action for damages against the lawyer based upon alleged malpractice. (C) A dispute between the lawyer and client concerning fees, costs, or both, including, but not limited to, a proceeding under Article 13 (commencing with Section 6200) of Chapter 4 of the Business and Professions Code.
The CLRC mediation confidentiality study paved the way for the amendment of Evidence code section 1122(a)(3) and new section 1129 mandating warning requirements in attorney/client contracts.
Evidence code 1122 and 1129 now requires an attorney representing a client participating in a mediation or a mediation consultation to provide the client with a written disclosure containing the mediation confidentiality restrictions provided in the Evidence Code 1129. The attorney is required to obtain a printed acknowledgment signed by the client stating that the client has read and understands the confidentiality restrictions. The code focuses on ensuring that clients are fully informed of the limitations on disclosure when it comes to mediation and related communications, documents, and admissions.
Beverly Hills Bar Association Honors Moreno with
OUTSTANDING LEADERSHIP IN 2009
BOARD OF GOVERNOR'S AWARD FOR DISTINGUISHED AND OUTSTANDING SERVICE
Beverly Hills Bar Association Board of Govenor Awards Moreno with Award for Distinguished and Outstanding Service.
Moreno drafted the resolution that eventually amended CCP 1161.2 to give Notice to lawyer referral services in an Unlawful detainer action. CCP 1161.2 was amended to read an alternative to the county bar association, the name and telephone number of any nonprofit bar association within the county that is duly authorized by the State Bar as a lawyer referral provider.
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