Editor’s Foreword: Hail to the Chiefs
By Benjamin G. Shatz
These are trying times at the State Bar. Our historic unified State Bar, which served both its member lawyers and the public, is becoming solely a regulatory agency focused on protecting the public against lawyers. As Kathy Brewer outlines in From the Section Chair, the sixteen sections (and the California Young Lawyers Association) are working hard to transform themselves into a new "independent entity." This metamorphosis is a lot of workâ and it’s being done primarily by volunteers. Now’s a good time not only to applaud those involved but also to lend a shoulder in pushing that boulder. Without your continued support, the Sectionsâincluding your Litigation Sectionâmay wither and perish. Don’t shrink from the service of your Section. The future of your "trade association" is at stake.
With that sincere and dire exhortation now exhorted, we begin this issue with a lesson about Confidentiality in Arbitration from Marc Alexander. And we do mean a lesson: A self-study MCLE test follows the article, which you can take online. You’ve always deserved MCLE for reading California Litigation; now you can actually get it. We hope that such tests will be a recurring feature and a valuable benefit for our readers.
Continuing the ADR-theme, retired Justice Jim Marchiano illuminates a handful of Unintended Consequences of ADR, including the disappearing trial, the disappearing appeal, the disappearing precedent… you get the idea.