Legislation
SECTION 498
Professional referrals
Judiciary (JUD) CHAPTER 30, ARTICLE 15
§ 498. Professional referrals. 1. There shall be no cause of action
for damages arising against any association or society of attorneys and
counsellors at law authorized to practice in the state of New York for
referring any person or persons to a member of the profession for the
purpose of obtaining legal services, provided that such referral was
made without charge and as a public service by said association or
society, and without malice, and in the reasonable belief that such
referral was warranted, based upon the facts disclosed.
2. The communications between a member or authorized agent of an
association or society of attorneys or counselors at law and any person,
persons or entity communicating with such member or authorized agent for
the purpose of seeking or obtaining a professional referral shall be
deemed to be privileged on the same basis as the privilege provided by
law for communications between attorney and client. Such privilege may
be waived only by the person, persons or entity who has furnished
information to the association or society, its members or authorized
agents.
3. For the purposes of this section, "association or society of
attorneys or counsellors at law" shall mean any such organization,
whether incorporated or unincorporated, which offers professional
referrals as an incidental service in the normal course of business, but
which business does not include the providing of legal services.
for damages arising against any association or society of attorneys and
counsellors at law authorized to practice in the state of New York for
referring any person or persons to a member of the profession for the
purpose of obtaining legal services, provided that such referral was
made without charge and as a public service by said association or
society, and without malice, and in the reasonable belief that such
referral was warranted, based upon the facts disclosed.
2. The communications between a member or authorized agent of an
association or society of attorneys or counselors at law and any person,
persons or entity communicating with such member or authorized agent for
the purpose of seeking or obtaining a professional referral shall be
deemed to be privileged on the same basis as the privilege provided by
law for communications between attorney and client. Such privilege may
be waived only by the person, persons or entity who has furnished
information to the association or society, its members or authorized
agents.
3. For the purposes of this section, "association or society of
attorneys or counsellors at law" shall mean any such organization,
whether incorporated or unincorporated, which offers professional
referrals as an incidental service in the normal course of business, but
which business does not include the providing of legal services.