CaliforniaCalifornia lawyers may refer clients and parties may review sensitive records
AB 540 allows some lawyers to refer potential clients and lets parties agree to a review process for sensitive records sought in civil cases.
What it does
Lawyers already representing clients may refer some other potential clients to another attorney without being treated as a lawyer referral service. The referral must meet specific limits.
When all parties agree, a person or decedent’s representative may arrange for certain sensitive records to be reviewed before the other side receives them. The trial must be at least six months away when notice is served.
People serving covered civil motion notices electronically do not have to add extra notice days for overnight delivery.
Argument forPeople could review private health records before the other side receives them, giving them a chance to identify records they claim should be withheld.
Argument againstPeople whose private records are sought could lose objections if the reviewer misses deadlines, leading to release of all records without redactions.
More detail
Attorneys who are already representing clients may refer some potential clients to another lawyer without being treated as a lawyer referral service. The exception covers an individual attorney or a group of attorneys practicing together who are actively representing clients and personally providing those clients’ legal services. The referral must follow California professional conduct rules. It must involve a matter the referring lawyer did not solicit that is outside their expertise, or a matter within their expertise that exceeds their capacity or does not meet their criteria for representation.
A party or a decedent’s representative may arrange for sensitive records to go first to a records service vendor, which gives the noticing party time to review them before release to the requesting side. It covers specified medical, psychiatric, addiction treatment, reproductive health, sexual history, and pathology records about a living person or decedent that are sought in a civil case. The trial date must be at least six months away when notice is served. All parties must agree to use the procedure, and changes to its steps require a written agreement. The reviewer may identify records to withhold by giving the other side a log with enough facts to assess the claim, or seek a protective order. If the reviewer misses the deadline or fails to provide the required log or notice, objections are waived and the vendor must release all records without redaction. The reviewer generally has 30 calendar days after receiving the records to finish the review, or 7 calendar days if the case has trial preference. The vendor cannot release the records before that period ends.
Electronic service of covered civil motion notices does not add extra notice days for overnight delivery. This applies to notices of motions for summary judgment or judgment on the pleadings, and to other motions covered by the general 16-court-day notice rule. The rule applies to the required notice period before the motion hearing.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 18Chaptered by Secretary of State - Chapter 263, Statutes of 2026.Latest
- Sep 18Approved by the Governor Gavin Newsom.Became Law
- Sep 9Enrolled and presented to the Governor at 1 p.m.To Governor
- Aug 31
- Vote recorded AB 540 Connolly Concurrence in Senate Amendments. Result: pass.Lower
- Aug 30Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6897.).Major
- Vote recorded With recommendation: That Senate amendments be concurred in. Result: pass.Lower
- Aug 30From committee: That the Senate amendments be concurred in. (Ayes 12. Noes 0.) (August 30).Minor
- Aug 30Joint Rule 62(a), file notice suspended. (Page 6844.)
- Aug 30Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.Minor
- Aug 28In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB540 Connolly By Laird. Result: pass.Upper
- Aug 28Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).Passed Senate
- Aug 26From committee: That the measure be returned to Senate Floor for consideration. (Ayes 9. Noes 0.) (August 26)Minor
- Vote recorded That the measure be returned to Senate Floor for consideration. Ordered to third reading. Result: pass.Upper
- Aug 24From committee: Be re-referred to Com. on JUD. pursuant to Senate Rule 29.10 (b). (Ayes 5. Noes 0.) Re-referred to Com. on JUD.Minor
- Aug 24Re-referred to Com. on RLS. pursuant to Senate Rule 29.10 (b).Minor
- Aug 24Read second time. Ordered to third reading.Minor
- Aug 21Read third time and amended. Ordered to second reading.Major
- Aug 11Read second time. Ordered to third reading.Minor
- Aug 10Ordered to second reading.Minor
- Aug 10From inactive file.
- 2025
- Sep 8Ordered to inactive file at the request of Senator Laird.
- Jul 7Ordered to third reading.Minor
- Jul 7From Consent Calendar.
- Jul 3Read second time. Ordered to Consent Calendar.Minor
- Jul 2From committee: Do pass. To Consent Calendar. (Ayes 13. Noes 0.) (July 1).Minor
- Jul 1
- Vote recorded Do pass and be ordered to the Consent Calendar. Result: pass.Upper
- May 7Referred to Com. on JUD.Minor
- Apr 2In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Apr 1Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 962.)Passed Assembly
- Vote recorded AB 540 Connolly Consent Calendar Second Day. Result: pass.Lower
- Mar 27Read second time. Ordered to Consent Calendar.Minor
- Mar 26From committee: Do pass. To Consent Calendar. (Ayes 12. Noes 0.) (March 25).Minor
- Mar 25
- Vote recorded Do pass. To Consent Calendar. Result: pass.Lower
- Feb 24Referred to Com. on JUD.Minor
- Feb 12From printer. May be heard in committee March 14.
- Feb 11Read first time. To print.Introduced
Criminal JusticeCivil Rights & VotingGovernment & Ethics