2018 NYS Legislative Agenda: Provide that communications between a consumer of legal services and a legal referral service or lawyer referral service be deemed to be privileged
Provide that communications between a consumer of legal services and a legal referral service or lawyer referral service be deemed to be privileged
Along with the New York State Bar Association, the City Bar supports amending the New York Judiciary Law to provide that communications between a consumer of legal services and a legal referral service or lawyer referral service (collectively “LRS”) be deemed to be privileged on the same basis as those provided by law for communications between attorney and client. This privilege could be waived only by the consumer of legal services. The law currently establishes immunity from civil action for an LRS that provides a referral without charge and as a public service, without malice, and in the reasonable belief that such referral was warranted; however, the statute does not contain a confidentiality provision. The proposed amendment will resolve any potential question about the confidentiality of communications between the 18 LRS’s in New York and the hundreds of thousands of people who rely on them for help.
OUTCOME
Signed by the Governor, Chp. 235 – August 24, 2018
