Lawyer Referral Service-client Privilege - Particular Privileges - Evidence - CA

Section § 965

This section defines key terms related to lawyer referral services and their clients. A "client" is anyone who seeks legal services through a lawyer referral service, either directly or through a representative, including legal guardians on behalf of someone incompetent. "Confidential communication" refers to private information shared between a client and a lawyer referral service that is not disclosed to outsiders unless necessary. The "holder of the privilege" is the person or their representative who has the legal right to keep these communications private. Lastly, a "lawyer referral service" is a certified entity that helps people connect with lawyers, in accordance with relevant professional standards.

For purposes of this article, the following terms have the following meanings:

(a) “Client” means a person who, directly or through an authorized representative, 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, and includes an incompetent who consults the lawyer referral service himself or herself or whose guardian or conservator consults the lawyer referral service on his or her behalf.

(b) “Confidential communication between client and lawyer referral service” means information transmitted between a client and a lawyer referral service in the course of that relationship and in confidence by a means that, so far as the client is aware, does not disclose the information to third persons other than those who are present to further the interests of the client in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the lawyer referral service is consulted.

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

(2) A guardian or conservator of the client, if the client has a guardian or conservator.

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

(4) 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.

(d) “Lawyer referral service” means a lawyer referral service certified under, and operating in compliance with, Section 6155 of the Business and Professions Code or an enterprise reasonably believed by the client to be a lawyer referral service certified under, and operating in compliance with, Section 6155 of the Business and Professions Code.

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Section § 966

This law gives clients the right to keep communications with a lawyer referral service confidential. Clients can choose not to share this information and prevent others from sharing it too. This right can be claimed by the client, someone they authorize, or the lawyer referral service, unless there's no one to hold the privilege or permission is given to disclose the information.

The relationship between the lawyer referral service and the client is considered similar to a client-lawyer relationship, and this applies to any individuals or organizations that the service assists, including partnerships and corporations.

(a) 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 another from disclosing, a confidential communication between client and lawyer referral service if the privilege is claimed by any of the following:

(1) The holder of the privilege.

(2) A person who is authorized to claim the privilege by the holder of the privilege.

(3) The lawyer referral service or a staff person thereof, but the lawyer referral service or a staff person thereof may not claim the privilege if there is no holder of the privilege in existence or if the lawyer referral service or a staff person thereof is otherwise instructed by a person authorized to permit disclosure.

(b) The relationship of lawyer referral service and client shall exist between a lawyer referral service, as defined in Section 965, and the persons to whom it renders services, as well as between such persons and anyone employed by the lawyer referral service to render services to such persons. The word “persons” as used in this subdivision includes partnerships, corporations, limited liability companies, associations, and other groups and entities.

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Section § 967

If a lawyer referral service has shared or received private communication that's protected, they must keep it confidential and claim the privilege if someone tries to make it public, unless the client agrees to share it.

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.

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Section § 968

This law states that there is no legal privilege in certain situations involving lawyer referral services. Firstly, if the services were used to help commit a crime or fraud, confidentiality is not protected. Secondly, if a staff member processing a legal assistance request believes a confidential communication must be disclosed to prevent a crime that could cause death or serious injury, the privilege does not apply.

There is no privilege under this article if either of the following applies:

(a) The services of the lawyer referral service were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a fraud.

(b) A staff person of the lawyer referral service who receives a confidential communication in processing a request for legal assistance reasonably believes that disclosure of the confidential communication is necessary to prevent a criminal act that the staff person of the lawyer referral service reasonably believes is likely to result in the death of, or substantial bodily harm to, an individual.

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