New York State Assembly

 
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A01851 Summary:

A01851 Actions:

A01851 Committee Votes:

Committee:JUDICIARY   Chair:Weinstein      
DATE:04/24/2017AYE/NAY:21/0  Action: Favorable         
Weinstein
Aye
Palumbo
Aye
Dinowitz
Aye
Montesano
Aye
Titus
Aye
Barclay
Aye
Lavine
Aye
Goodell
Aye
Zebrowski
Aye
Graf
Aye
Weprin
Aye
Lupinacci
Aye
Braunstein
Aye
Simotas
Aye
Quart
Aye
Titone
Aye
Buchwald
Aye
Steck
Aye
Seawright
Aye
Simon
Aye
Joyner
Aye

A01851 Floor Votes:

A01851 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A1851
 
SPONSOR: Weinstein

 
TITLE OF BILL:
 
An act to amend the judiciary law, in relation to establishing a lawyer
referral service - client privilege
 
 
PURPOSE OF BILL:
 
To provide that communications between a consumer of legal services and
a legal referral service be deemed to be privileged on the same basis as
those provided by law for communications between attorney and client.
 
 
SUMMARY OF PROVISIONS OF BILL:
 
The bill amends judiciary law section 498 by renumbering subdivision 2
and adding a new subdivision 2 that would deem communications between a
consumer of legal services and a legal or lawyer referral service to be
privileged, similar to the attorney-client privilege.
 
 
JUSTIFICATION:
 
New York State's legal referral service organizations have been a crit-
ical resource for the State's citizens. New York State consumers of
legal services contact a legal or lawyer referral service seeking legal
help.
 
In order to be directed to the appropriate lawyer, consumers need to
disclose the same information to the referral services that they would
in an initial meeting with law office personnel or a lawyer.  The
consumer's narrative, whether orally via telephone, or in writing via
online tools must contain sufficient details about their legal issues to
enable referral counselors to match consumers to an appropriate lawyer,
government entity or agency, non-profit program or organization, or
other resource.

Information provided by a consumer when seeking legal referrals often
includes information that could cause damage to a consumer's criminal or
civil case if revealed to adverse parties. Consumers also frequently
inquire whether the information they provide will remain confidential.
The judiciary law section 498 currently establishes immunity from civil
action for a legal referral service that provides a referral without
charge and as a public service. However, the statute does not contain a
confidentiality provision.
 
This measure will help provide confidentiality protections for consumers
and will help address any concerns about confidential communications
between callers seeking legal referrals and the legal referral service
organizations.
 
 
LEGISLATIVE HISTORY:
 
New Bill, 2017.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A01851 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1851
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2017
                                       ___________
 
        Introduced  by  M. of A. WEINSTEIN, LAVINE, SEAWRIGHT, SIMON, ZEBROWSKI,
          COOK, CYMBROWITZ, GALEF, GLICK, GOTTFRIED, JAFFEE,  O'DONNELL,  ORTIZ,
          PAULIN, ROSENTHAL, SEPULVEDA, SKOUFIS, JOYNER, ABBATE -- read once and
          referred to the Committee on Judiciary
 
        AN  ACT to amend the judiciary law, in relation to establishing a lawyer
          referral service - client privilege
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 498 of the judiciary law is renum-
     2  bered subdivision 3 and a new subdivision 2 is added to read as follows:
     3    2. The communications between a member or authorized agent of an asso-
     4  ciation  or  society  of  attorneys or counselors at law and any person,
     5  persons or entity communicating with such member or authorized agent for
     6  the purpose of seeking or obtaining a  professional  referral  shall  be
     7  deemed  to  be privileged on the same basis as the privilege provided by
     8  law for communications between attorney and client. Such  privilege  may
     9  be waived only by the person, persons or entity who has furnished infor-
    10  mation to the association or society, its members or authorized agents.
    11    § 2. This act shall take effect immediately.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03796-01-7

A01851 LFIN:

 
NO LFIN