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California Courts of Appeal

Nov. 13, 2009

In Malpractice, Client Discussions During Mediation Can Be Evidence

Discussions between a lawyer and client about a mediation can be used as evidence in a legal malpractice trial, a divided Court of Appeal panel in Los Angeles ruled Thursday.

By Catherine Ho

Daily Journal Staff Writer

Discussions between a lawyer and client about a mediation can be used as evidence in a legal malpractice trial, a divided Court of Appeal panel ruled Thursday.

Although mediation proceedings are supposed to remain strictly confidential, the court made an exception in this case for talks between lawyers at Wasserman, Comden, Casselman & Pearson and their client that took place outs...

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