CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1290Introduced by Assembly Member ObernolteFebruary 17, 2017 An act to amend Section 953 of the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTAB 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1290Introduced by Assembly Member ObernolteFebruary 17, 2017 An act to amend Section 953 of the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTAB 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1290
Introduced by Assembly Member ObernolteFebruary 17, 2017
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
## 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.
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.
## Digest Key
## Bill Text
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.
The people of the State of California do enact as follows:
## 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.
SECTION 1. Section 953 of the Evidence Code is amended to read:
### SECTION 1.
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.
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.
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.
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.