Mediation Case Law Teaching Videos
Subject Area
Ethics/Malpractice
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Document Type
Video
Publication Date
2007
Recommended Citation
Coben, James, "Wimsatt v. Superior Court, 61 Cal.Rptr.3d 200 (Ct. App. 2007)" (2007). Mediation Case Law Teaching Videos. 33.
https://open.mitchellhamline.edu/dri_mclvideo/33
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.