BILL NUMBER: AB 267 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Chau
FEBRUARY 7, 2013
An act to amend Section 912 of the Evidence Code, and to add
Article 3.5 (commencing with Section 963) to Chapter 4 of Division 8
of the Evidence Code, relating to evidentiary privileges.
LEGISLATIVE COUNSEL'S DIGEST
AB 267, as introduced, Chau. Evidentiary privileges: lawyer
referral service-client privilege.
Existing law governs the admissibility of evidence in court
proceedings and generally provides a privilege as to communications
made in the course of the attorney-client relationship, as specified.
Under existing law, the right of any person to claim certain
evidentiary privileges, including the lawyer-client privilege, is
waived with respect to a communication protected by the privilege if
any holder of the privilege, without coercion, has disclosed a
significant part of the communication or has consented to a
disclosure made by anyone.
Existing law prohibits an individual or entity from operating a
lawyer referral service unless that service meets specified
requirements, including registration with the State Bar of
California. Existing law requires the State Bar, with the approval of
the Supreme Court, to formulate and enforce rules and regulations
relating to lawyer referral services.
This bill would provide that a person who consults a lawyer
referral service, as defined, for the purpose of retaining a lawyer
or securing legal advice has a privilege to refuse to disclose, and
to prevent the lawyer referral service from disclosing, a
confidential communication between the client and the lawyer referral
service. The bill would further provide that the lawyer referral
service-client privilege may be waived in accordance with existing
law.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 912 of the Evidence Code is amended to read:
912. (a) Except as otherwise provided in this section, the right
of any person to claim a privilege provided by Section 954
(lawyer-client privilege), 966 (lawyer referral service-client
privilege), 980 (privilege for confidential marital
communications), 994 (physician-patient privilege), 1014
(psychotherapist-patient privilege), 1033 (privilege of penitent),
1034 (privilege of clergyman) clergy member)
, 1035.8 (sexual assault counselor-victim privilege), or 1037.5
(domestic violence counselor-victim privilege) is waived with
respect to a communication protected by the privilege if any holder
of the privilege, without coercion, has disclosed a significant part
of the communication or has consented to disclosure made by anyone.
Consent to disclosure is manifested by any statement or other conduct
of the holder of the privilege indicating consent to the disclosure,
including failure to claim the privilege in any proceeding in which
the holder has the legal standing and opportunity to claim the
privilege.
(b) Where two or more persons are joint holders of a privilege
provided by Section 954 (lawyer-client privilege), 966 (lawyer
referral service-client privilege), 994 (physician-patient
privilege), 1014 (psychotherapist-patient privilege), 1035.8 (sexual
assault counselor-victim privilege), or 1037.5 (domestic violence
counselor-victim privilege), a waiver of the right of a particular
joint holder of the privilege to claim the privilege does not affect
the right of another joint holder to claim the privilege. In the case
of the privilege provided by Section 980 (privilege for confidential
marital communications), a waiver of the right of one spouse to
claim the privilege does not affect the right of the other spouse to
claim the privilege.
(c) A disclosure that is itself privileged is not a waiver of any
privilege.
(d) A disclosure in confidence of a communication that is
protected by a privilege provided by Section 954 (lawyer-client
privilege), 966 (lawyer referral service-client privilege),
994 (physician-patient privilege), 1014
(psychotherapist-patient privilege), 1035.8 (sexual assault
counselor-victim privilege), or 1037.5 (domestic violence
counselor-victim privilege), when disclosure is reasonably necessary
for the accomplishment of the purpose for which the lawyer,
lawyer referral service, physician, psychotherapist, sexual
assault counselor, or domestic violence counselor was consulted, is
not a waiver of the privilege.
SEC. 2. Article 3.5 (commencing with Section 963) is added to
Chapter 4 of Division 8 of the Evidence Code, to read:
Article 3.5. Lawyer Referral Service-Client Privilege
963. As used in this article, "lawyer referral service" means a
lawyer referral service certified under and operating in compliance
with Section 6155 of the Business and Professions Code and the
minimum standards, rules, and regulations of the State Bar governing
lawyer referral services.
964. As used in this article, "client" means a person who
consults a lawyer referral service for the purpose of retaining, or
securing legal services or advice from, a lawyer in his or her
professional capacity.
965. As used in this article, "confidential communication between
client and lawyer referral service" means information transmitted
between a client and lawyer referral service in the course of that
relationship and in confidence by a means which, so far as the client
is aware, does not disclose the information to third persons.
966. Subject to Section 912 and except as otherwise provided in
this article, the client, whether or not a party, has a privilege to
refuse to disclose, and to prevent the lawyer referral service from
disclosing, a confidential communication between client and lawyer
referral service.
967. A lawyer referral service that has received or made a
communication subject to the privilege under this article shall claim
the privilege if the communication is sought to be disclosed and the
client has not consented to the disclosure.
968. There is no privilege under this article as to a
communication relevant to an issue of breach, by the lawyer referral
service or by the client, of a duty arising out of the relationship.