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California Law Revision Commission

-- Last revised 03/05/24 --

Waiver of Privilege by Disclosure - Study K-301

    Evidence Code Section 912 concerns waiver of the lawyer-client privilege, physician-patient privilege, and other specified evidentiary privileges. The Commission has studied whether this provision should be revised to make clear that inadvertent disclosure of a privileged communication does not consitute a waiver of the privilege. The Commission has issued a final recommendation proposing to amend Section 912 along those lines. Legislation to implement this proposal (AB 1133 (Harman)) was introduced in 2005 but was not enacted.

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Legislation

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Final Recommendation

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Tentative Recommendations and Other Requests for Comment

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Meeting Minutes

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Staff Memoranda

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