Bill Text: CA AB1290 | 2017-2018 | Regular Session | Introduced

California Assembly Bill 1290 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Lawyer-client privilege: holder of the privilege.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-09-18 - Chaptered by Secretary of State - Chapter 475, Statutes of 2018. [AB1290 Detail]

Download: California-2017-AB1290-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1290

Introduced by Assembly Member Obernolte

February 17, 2017

An act to amend Section 953 of the Evidence Code, relating to evidence.

LEGISLATIVE COUNSEL'S DIGEST

AB 1290, as introduced, Obernolte. Lawyer-client privilege: holder of the privilege.

Existing law provides that the client of a lawyer has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the client and lawyer if the privilege is claimed by the holder of the privilege. Existing law defines “holder of the privilege” to include a guardian or conservator of the client, if the client has a guardian or conservator.

This bill would clarify that the “holder of the privilege” is the conservatee or ward in any case or controversy between a conservator and conservatee or a guardian and a ward.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 953 of the Evidence Code is amended to read:

953.

As used in this article, “holder of the privilege” means:

(a) The client, if the client has no guardian or conservator.

(b) A guardian or conservator of the client, if the client has a guardian or ~~conservator.~~ conservator, except as provided in subdivision (e).

(c) The personal representative of the client if the client is dead, including a personal representative appointed pursuant to Section 12252 of the Probate Code.

(d) A successor, assign, trustee in dissolution, or any similar representative of a firm, association, organization, partnership, business trust, corporation, or public entity that is no longer in existence.

(e) In any case or controversy between a conservator and a conservatee or a guardian and ward, the conservatee or ward is the holder of the privilege.