Bill Text: CA AB1316 | 2011-2012 | Regular Session | Introduced

California Assembly Bill 1316 (Prior Session Legislation)

Introduced

Bill Title: Lawyer-client privilege: injury to financial interests

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1316 Detail]

Download: California-2011-AB1316-Introduced.html

BILL NUMBER: AB 1316	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 18, 2011

   An act to add Section 956.2 to the Evidence Code, relating to
lawyer-client privilege.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1316, as introduced, Smyth. Lawyer-client privilege: injury to
financial interests or property.
   Existing law, with certain exceptions, makes privileged any
confidential communication between a lawyer and a client. Among other
things, existing law provides an exception to the privilege if the
services of the lawyer were sought or obtained to enable or aid
anyone to commit or plan to commit a crime or fraud.
   This bill would provide an exception to the privilege if the
lawyer reasonably believes that disclosure of any confidential
communication relating to representation of a client is necessary to
prevent the client from committing a crime or fraud that is
reasonably certain to result in substantial injury to the financial
interests or property of another person and in furtherance of which
the client has used or is using the lawyer's services. The bill also
would provide an exception to the privilege if the lawyer reasonably
believes that disclosure of any confidential communication relating
to representation of a client is necessary to prevent, mitigate, or
rectify substantial injury to the financial interests or property of
another person that is reasonably certain to result or has resulted
from the client's commission of a crime or fraud in furtherance of
which the client has used the lawyer's services.
   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 956.2 is added to the Evidence Code, to read:
   956.2.  There is no privilege under this article if the lawyer
reasonably believes that disclosure of any confidential communication
relating to representation of a client is necessary for either of
the following:
   (a) To prevent the client from committing a crime or fraud that is
reasonably certain to result in substantial injury to the financial
interests or property of another person and in furtherance of which
the client has used or is using the lawyer's services.
   (b) To prevent, mitigate, or rectify substantial injury to the
financial interests or property of another person that is reasonably
certain to result or has resulted from the client's commission of a
crime or fraud in furtherance of which the client has used the lawyer'
s services.