ENGR. H. B. NO. 1086 Summary

• Amends 12 O.S. 2011, Section 2502 to modernize attorney-client privilege law by expanding the definition of "representative of the client" to include any person making or receiving confidential communications while acting in the scope of employment for the client to effectuate legal representation.

• Codifies the "inadvertent disclosure" doctrine, providing that accidental disclosure of privileged communications does not waive privilege if the holder took reasonable steps to prevent disclosure and took reasonable steps to rectify the error.

• Adds protection for disclosures of privileged information to governmental agencies, providing that such disclosure does not waive privilege in favor of non-governmental persons unless the waiver was intentional and fairness requires the disclosed and undisclosed communications be considered together.

• Maintains existing exceptions to privilege including communications to enable crimes or fraud, disputes between parties claiming through the same deceased client, breach of duty issues, and public agency communications concerning pending investigations where disclosure would impair the investigation.

• Becomes effective November 1, 2013.