DISCLOSURE AND WAIVER OF PRIVILEGE AND CONFIDENTIALITY;
DISCLOSURE AND WAIVER OF CONFLICT OF INTEREST;
CONSENT TO JOINT MEDIATION ORIENTATION
You have both scheduled a joint mediation orientation with the Law and Mediation Offices of Kelly Chang, A Professional Law Corporation to discuss a personal legal matter. The purpose of the initial orientation is for you both to learn about the services Kelly Chang Rickert offers to assist you with your legal matter.
By attending this joint orientation, you each acknowledge you are aware that California Evidence Code section 962 provides where two or more people have retained or consulted a lawyer upon a matter of common interest, none of them, nor the successor in interest of any of them, may claim a privilege or confidentiality as to any communication made in the course of that orientation or relationship.
Therefore, by attending this joint orientation, you both understand and agree that the traditional attorney-client privilege and traditional duty of confidentiality between you and Kelly Chang Rickert is expressly waived as to any information disclosed by either of you during the orientation or subsequent to the orientation with Kelly Chang Rickert or her staff.
However, Kelly Chang Rickert is still ethically bound and agrees to maintain strict confidentiality of all matters discussed during the orientation and subsequent to the orientation as it pertains to disclosure to others unless both parties agree in writing to disclosure to third parties.
By attending this joint orientation, you each acknowledge you are aware that California Rules of Professional Conduct Rule 3-310 provides an attorney will not accept representation of more than one client in a matter in which the interests of the clients potentially or actually conflict without both clients’ written signed consent. Thus as with any joint orientation, the conflict of interest and need for written disclosure exists no matter how cordial the relationship between the two parties currently is or is anticipated to be during the legal matter.
Therefore, by attending this joint orientation, you each acknowledge you understand you are meeting jointly with Kelly Chang Rickert despite your potential or actual conflicting interests and you each waive the right to later claim any conflict of interest applies to Kelly Chang Rickert services because you both recognize the benefits of mediation, limited scope document preparation services or collaborative law resolution of your legal matter.
You each agree and understand that either of you reserves the right to later seek and consult with independent counsel after this initial orientation. You each agree and understand that if Kelly Chang Rickert is jointly retained by both of you as a mediator or document preparer, then Kelly Chang Rickert is not acting as an attorney and Kelly Chang Rickert does not represent either of you and there is no attorney- client relationship and no duty of confidentiality. You each agree and understand that should you decide to proceed with the collaborative law process, the waivers herein provide that you each reserve the right to retain Kelly Chang Rickert as your collaborative attorney .
In summary, you each are hereby informed and agree that by attending this joint orientation meeting, you each:
1. Waive your right to object that you had an expectation of the traditional attorney-client privilege and duty of confidentiality;
2. Waive your right to object that any conflict of interest exists;
3. Retain the right to retain Kelly Chang Rickert as your collaborative attorney.
If we decide to work together, we will sign a written agreement detailing our responsibilities and payment of a retainer deposit or flat fee will be required. Unless and until we have a signed written agreement and payment is received, Kelly Chang Rickert is not obligated to assist you.
WE ACKNOWLEDGE, UNDERSTAND AND AGREE TO THE FOREGOING.
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