The ADR Section (Alternative Dispute Resolution) works to further the knowledge of its members by developing and implementing programs and training in alternative dispute resolution, and to offer Continuing Legal Education (CLE). ADR Section members are lawyers and nonlawyers who serve as mediators, arbitrators, and neutral case evaluators. Attorneys and other professionals who advocate for their clients in ADR proceedings are welcome to join the section.
There are no upcoming ADR events
August is often a dull month, where the pace has slowed from many people being on vacation or focusing on children returning to school. While perhaps that was the case for many of us this year, the news cycle did not take August off. When Morgan Daly started writing her article on a place for cash bail in bail reform, it looked as if California’s bail reform might be falling apart. But before the month was out, we had a signed bill that will go into effect in October, 2019. While a sea change in criminal justice was happening here, the criminal justice system back East produced some remarkable drama. Be sure to read Tom Brown’s President’s Message for some thoughts on how a perhaps unexpected institution is suffering from the latest events surrounding President Trump’s associates: the attorney-client relationship.
Since leaving the District Attorney’s Office and going into private practice, I have been schooled and tutored that the duty of confidentiality in the attorney-client relationship is one of the most important principles an attorney can uphold. Rule 3-100 of the California Rules of Professional Conduct (soon to be Rule 1.6) provides that an attorney shall not reveal confidential communications without the informed consent of the client but may disclose confidential information if the attorney reasonably believes the disclosure is necessary to prevent certain criminal acts (or in other limited circumstances under the new rule.) The comments to the rule, both old and new, note that “Preserving the confidentiality of client information contributes to the trust that is the hallmark of the client-lawyer relationship.”
You don't have to be a mediator to know that emotional issues lie at the heart of conflict. As Bernard Mayer points out, "emotions are the energy that fuel conflict," but they can also be the "key to de-escalating it." The ability to deal skillfully with emotions can be essential to finding lasting resolution. Yet emotions are often overlooked, feared, avoided and misunderstood by mediators, parties and attorneys. As mediators, we need to become adept at recognizing, understanding and addressing emotional issues. We need to become emotionally literate, fluent in the emotional language of conflict.
Joy in the law—is that even possible? I guess it depends on how you define joy. I invite readers, whether you have been practicing for over thirty years and retirement is on the horizon or whether you are newly licensed, to reflect on your own definitions of joy and whether you can say you have found joy in your practice.
Would you like to be part of the Marin County Bar Association leadership team? MCBA wants you to apply for an Officer or Board position. Board service is a unique opportunity to give back to your community, hone your leadership skills, and work with fellow board members to deliver valuable benefits to our member organization.
The Marin Lawyer recently sat down with board member and Marin native J. Timothy Nardell to learn more about him, his practice and his involvement with MCBA.
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