As used in this article, “holder of the privilege” means:

(a) The client, if the client has no guardian or conservator.

Terms Used In California Evidence Code 953

  • 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. See California Evidence Code 951
  • Public entity: includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. See California Evidence Code 200

(b) (1) A guardian or conservator of the client, if the client has a guardian or conservator, except as provided in paragraph (2).

(2) If the guardian or conservator has an actual or apparent conflict of interest with the client, then the guardian or conservator does not hold the privilege.

(c) The personal representative of the client if the client is dead, including a personal representative appointed pursuant to § 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.

(Amended by Stats. 2018, Ch. 475, Sec. 1. (AB 1290) Effective January 1, 2019.)