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AB-1290 Lawyer-client privilege: holder of the privilege.(2017-2018)

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Date Published: 04/20/2017 09:00 PM
AB1290:v97#DOCUMENT

Amended  IN  Assembly  April 20, 2017
Amended  IN  Assembly  April 06, 2017

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 amended, 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 if the conservatee or ward has appointed counsel or the conservatee has retained counsel to represent him or her in the conservatorship proceeding, the “holder of the privilege” is the conservatee or ward with regard to a confidential communication between the conservatee or ward and his or her attorney in any case or controversy between a conservator and conservatee or a guardian and a ward. respect to communications with that counsel.
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, 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 with regard to a confidential communication between the conservatee or ward and his or her attorney.

(e) If the conservatee or ward has appointed counsel or the conservatee has retained counsel to represent him or her in the conservatorship proceeding, the conservatee or ward is the holder of the privilege with respect to communications with that counsel.