Thursday, November 8, 2018
6 p.m. - 8 p.m.
10250 Constellation Blvd.
Los Angeles, CA 90067
Registration is FREE, but space is limited. RSVP HERE.
This November, California Lawyers Association is hosting a special Evening Reception exclusively for members of the Los Angeles legal community.
Join CLA President Heather Rosing and Board Chair James Hill at the new offices of Fox Rothschild LLP featuring beautiful views overlooking Century City and Beverly Hills. Officers, staff, and section chairs will be on-hand to answer questions about the organization.
CLA was created this year as part of the restructuring of the State Bar of California. CLA is THE bar association for all California lawyers, serving as the home of the 16 former State Bar Sections, as well as the California Young Lawyers Association. Meet the leaders, discover how to get involved, and maximize the value of your CLA membership.
Click here for a Evening Reception flyer.
Special thanks to Fox Rothschild LLP for hosting this special event and to American Arbitration Association, Brutzkus Gubner Rozansky Seror Weber LLP , Identillect, McGowanPro, and LawPay for sponsoring.
CLA has transitioned to new Facebook and Twitter handles: @CALawyersOrg. If you are already following us or ‘Like’ us, you already follow/like our new handles. If you do not, please click on the links to connect with us! Our old Twitter handle, @CLASections, will still exist, but it will only serve to redirect to the new account. Our old Facebook handle, @CALawyersAssociation,
will no longer exist, but all searches for our organization will lead to the new handle.
Effective January 1, 2019, Senate Bill 954 (Wieckowski) requires attorneys to disclose to their clients the confidentiality restrictions related to mediation and to obtain a signed acknowledgement that the client understands these confidentiality restrictions. SB 954, as enacted, can be found here.
SB 954 adds a new Section 1129 to the Evidence Code. Under Section 1129, except in the case of a class or representative action, an attorney representing a client participating in a mediation or a mediation consultation is required to provide that client with a printed disclosure containing the confidentiality restrictions described in Evidence Code Section 1119. The attorney must provide this disclosure “as soon as reasonably possible before the client agrees to participate in the mediation or mediation consultation.” An attorney who is retained after an individual agrees to participate in a mediation or mediation consultation must provide the disclosure “as soon as reasonably possible after being retained.” The attorney must also obtain a printed acknowledgment signed by the client stating that he or she has read and understands the confidentiality restrictions.
To comply with the statute, the disclosure must:
(1) Be printed in the preferred language of the client in at least 12-point font.
(2) Be printed on a single page that is not attached to any other document provided to the client.
(3) Include the names of the attorney and the client and be signed and dated by the attorney and the client.
Evidence Code Section 1129(d) contains a statutory safe harbor that sets forth language that will be deemed to comply with the new disclosure and acknowledgment requirements.
Under new Evidence Code Section 1129(e), failure of an attorney to comply with the disclosure requirements will not be a basis to set aside an agreement prepared in the course of, or pursuant to, a mediation.
SB 954 also amends Evidence Code Section 1122 by adding a new subdivision (a)(3). Under Evidence Code Section 1122(a)(3), a communication, document, or writing related to an attorney’s compliance with the new disclosure requirements will not be confidential and may be used in an attorney disciplinary proceeding if the communication, document, or writing does not disclose anything said or done or any admission made in the course of the mediation.
By way of background, in 2012 the Legislature directed the California Law Revision Commission (CLRC) to analyze the relationship between mediation confidentiality and attorney malpractice and other misconduct. The CLRC undertook a five-year study and released its recommendation in 2017. The CLRC recommended creating a new exception to mediation confidentiality permitting disclosure of otherwise confidential communications in a State Bar disciplinary proceeding, a claim for damages due to legal malpractice, or an attorney-client fee dispute, when the evidence is relevant to prove or disprove an allegation that the attorney breached a professional obligation when representing the client in the context of a mediation or a mediation consultation.
The CLRC’s recommendation was strongly opposed by a wide range of stakeholders. Given the political opposition to the CLRC’s recommendation, Senator Wieckowski authored SB 954 to take a different approach, and to require that clients be provided with a disclosure explaining the confidentiality restrictions in mediation.
In Senator Wieckowski’s news release concerning the enactment of this legislation, he said: “Senate Bill 954 provides more transparency and a better understanding of the potential ramifications of the mediation process. Confidentiality in mediation allows for more candid discussions by participants, but consumers need to know it also means if problems arise those discussions cannot be used against their attorney in a malpractice claim. This bill is an improvement to the current system and will allow consumers to make better-informed decisions regarding their legal matters.”
Members of several different CLA Sections and Committees provided input on the development of SB 954 and participated in ongoing discussions with a broad group of stakeholders that worked on crafting the new statutory provisions.
The Trusts and Estates Section aims to educate and engage with attorneys who advise clients about estate planning, and administration and litigation for trusts, estates, conservatorships, and guardianships throughout California. Section membership includes more than 6,000 attorneys from Eureka to El Centro with interests and expertise in some or all of our active substantive committees, which include Estate Planning, Income and Transfer Taxes, Trust and Estate Administration, Litigation, Incapacity (including Conservatorship, Guardianship, and Elder Law), and Ethics.
Opportunities to Network and Educational Programs: The Section offers a variety of opportunities to network for its members. Section members are welcome to participate on the Section’s Executive Committee (TEXCOM) or the individual standing committees, and to attend numerous programs and events.
On October 26, 2018, the Section will present its "42nd Annual Fall Program" in San Francisco. At that program, there will be an opportunity to earn 6.25 credit hours on five different topics.
For our members who want affordable education credits while staying up to date in their practice area, we offer Webinars and Self Study MCLE offerings.
If you are interested in the Fall Program or the Webinars and Self Study, please click here
Section Publications: The Section publishes the California Trusts and Estates Quarterly, a quarterly journal providing articles on cutting-edge issues affecting the practice of trusts and estates in California. The Section sends eBulletins to its members whenever a new case affecting the practice area has been published. Soon the Section will send eBulletins to its members whenever new legislation is enacted that affects the practice area.
Action on Legislation: The Section is actively involved in legislation. TEXCOM monitors every single bill that is introduced to determine whether it will impact the practice area. TEXCOM provides comments and work with legislators to improve proposed legislation and minimize negative impacts on the practice area. TEXCOM offers affirmative legislative proposals (ALPs) on issues of import to our practice area. TEXCOM also reviews and provides comment on legislative proposals offered by other organizations, and TEXCOM works with legislative committees, like the uniform laws committee, to provide expertise on application of those proposals on California practice.
Educating Seniors: The Section maintains its Educating Seniors Project—the Section’s effort to provide public service by training attorneys and providing materials to alert senior citizens of the dangers of financial elder abuse and how to avoid becoming a victim.
If you are you looking to get involved with the Trusts and Estates Section, help organize events, or contribute to one of our publications, please visit our Website or contact TrustsAndEstates@calawyers.org to get started.
Four things are certain in life: death, taxes and disasters. The fourth?
The disaster won't manifest itself in the way you expect nor when you expect it.
This program broadens your perception of what a disaster is and - should one occur -
guides you through preparing and planning for continuity in your law practice. [1 hour MCLE]
Speaker: Perry Segal, Sole Proprietor
The Southern District of California is now accepting applications for
new Lawyer Representatives. The procedures for the selection of Lawyer Representatives, as well as
an application, can be found on the Court's website at www.casd.uscourts.gov. Applications must
be submitted by Friday, September 28, 2018.
On May 10 the California Supreme Court issued an order approving new Rules of Professional Conduct that had been proposed by the State Bar. The new rules go into effect on November 1, 2018.