Category: Ethics

ABA Opinion 518 Aims To Guide Mediators On Avoiding Misleading Communications

January 1, 2026 · Ethics

How Might ABA Opinion 518 Impact California Mediation Practice? The ABA Standing Committee on Ethics and Professional Responsibility issued Opinion 518 on October 15, 2025 to provide guidance on avoiding misleading communication by mediators. The Opinion distinguishes the mediator’s and advocate’s roles. Attorneys in negotiations puff all the time. Under Opinion 518, mediators are not […]

Arbitration, Construction Of Agreement, Employment, Enforceability: Court of Appeal Remands Case To Determine If Plaintiff Was Represented By Counsel When She Signed Arbitration Agreement

Language Of Arbitration Agreement Was Sufficient To Require Arbitration, But . . . .     In Salgado v. Carrows Restaurants, Inc., B285756 (2/6  2/26/19) (Gilbert, Yegan, Tangeman), the trial court denied employer's motion to compel arbitration, on the grounds that "Defendants have failed to demonstrate that the arbitration agreement applies to a suit that […]

Ethics, Miscellaneous: Fourth District, Div. 3 Opinion Affirms Judgment Denying Attorney’s Fees And Refers Attorney To State Bar For Misconduct

March 11, 2019 · Ethics, Miscellaneous

Marc Alexander (This Blogger) And Mike Hensley Represented Defendants In Their Successful Response To This Appeal.     Today* we stray from our usual beat, California mediation and arbitration, to mention an appeal resulting in a partially published opinion. Why? Because this blogger, Marc Alexander, was involved, and because his long-time colleague Mike Hensley, with […]