SECTIONS 950-962 - California Statutes

EVIDENCE CODE

SECTION 950-962

950. As used in this article, "lawyer" means a person authorized,
or reasonably believed by the client to be authorized, to practice
law in any state or nation.

951. As used in this article, "client" means a person who, directly
or through an authorized representative, consults a lawyer for the
purpose of retaining the lawyer or securing legal service or advice
from him in his professional capacity, and includes an incompetent
(a) who himself so consults the lawyer or (b) whose guardian or
conservator so consults the lawyer in behalf of the incompetent.

952. As used in this article, "confidential communication between
client and lawyer" means information transmitted between a client and
his or her lawyer in the course of that relationship and in
confidence by a means which, so far as the client is aware, discloses
the information to no third persons other than those who are present
to further the interest 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 is consulted, and includes a legal opinion formed and the
advice given by the lawyer in the course of that relationship.

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.
(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.

954. 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 if the privilege
is claimed by:
(a) The holder of the privilege;
(b) A person who is authorized to claim the privilege by the
holder of the privilege; or
(c) The person who was the lawyer at the time of the confidential
communication, but such person may not claim the privilege if there
is no holder of the privilege in existence or if he is otherwise
instructed by a person authorized to permit disclosure.
The relationship of attorney and client shall exist between a law
corporation as defined in Article 10 (commencing with Section 6160)
of Chapter 4 of Division 3 of the Business and Professions Code and
the persons to whom it renders professional services, as well as
between such persons and members of the State Bar employed by such
corporation 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.

955. The lawyer who received or made a communication subject to the
privilege under this article shall claim the privilege whenever he
is present when the communication is sought to be disclosed and is
authorized to claim the privilege under subdivision (c) of Section
954.

956. There is no privilege under this article if the services of
the lawyer were sought or obtained to enable or aid anyone to commit
or plan to commit a crime or a fraud.

956.5. 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 to prevent a
criminal act that the lawyer reasonably believes is likely to result
in the death of, or substantial bodily harm to, an individual.

957. There is no privilege under this article as to a communication
relevant to an issue between parties all of whom claim through a
deceased client, regardless of whether the claims are by testate or
intestate succession, nonprobate transfer, or inter vivos
transaction.

958. There is no privilege under this article as to a communication
relevant to an issue of breach, by the lawyer or by the client, of a
duty arising out of the lawyer-client relationship.

959. There is no privilege under this article as to a communication
relevant to an issue concerning the intention or competence of a
client executing an attested document of which the lawyer is an
attesting witness, or concerning the execution or attestation of such
a document.

960. There is no privilege under this article as to a communication
relevant to an issue concerning the intention of a client, now
deceased, with respect to a deed of conveyance, will, or other
writing, executed by the client, purporting to affect an interest in
property.

961. There is no privilege under this article as to a communication
relevant to an issue concerning the validity of a deed of
conveyance, will, or other writing, executed by a client, now
deceased, purporting to affect an interest in property.

962. Where two or more clients have retained or consulted a lawyer
upon a matter of common interest, none of them, nor the successor in
interest of any of them, may claim a privilege under this article as
to a communication made in the course of that relationship when such
communication is offered in a civil proceeding between one of such
clients (or his successor in interest) and another of such clients
(or his successor in interest).