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California Law Revision Commission

-- Last revised 10/20/08 --

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 been studying 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.
    If you have questions or comments on this study, please send email to Barbara Gaal at bgaal@clrc.ca.gov.

Related Material


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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