Under California Evidence Code Section 1013, which of the following is NOT a holder of the privilege?

• A. A health care provider who has obtained a signed release from the client
• B. The client
• C. The therapist
• D. The attorney representing the client

Answer: (A)

The main idea is who has the right to control and assert the confidential communications protected by the privilege. Under California law, the privilege in psychotherapist-patient, attorney-client, and related confidential relationships belongs to the client and to the professionals who are part of that confidential relationship (the therapist or attorney) who would benefit from keeping the communications confidential. When a client signs a release to disclose information to a third party, that act signals waiver of the privilege for those communications with respect to the disclosed parties. A health care provider who merely obtained the client’s signed release does not become a holder of the privilege with the power to block or assert it on the client’s behalf. The client, the therapist, and the attorney representing the client remain the appropriate holders; the release simply permits disclosure to others.