BILL NUMBER:  S5845

 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
critical 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.