MARVIN MANDEL, Governor                                 285

of Art. 22 of the Declaration of Rights and
Amendment V to the Constitution of the United
States. The language and style are changed
for the purpose of clarification and
orderliness.

SEC. 9-108. PERSON LICENSED TO PRACTICE LAW.

A PERSON MAY NOT BE COMPELLED TO TESTIFY IN
VIOLATION OF THE ATTORNEY - CLIENT PRIVILEGE.

REVISOR'S NOTE: This section is new language which
does not presently appear in the Code, but is
a common law principle that has been long

established. Morris v. State, 4 Md. App.

252, 254 (1968); Bris Reality v. Phoenix,

238 Md. 84, 89-90 (1965). The privilege
conferred by this principle may be waived in
by the client if he so chooses. The cases do
not look with particular favor upon a lawyer
testifying for his client, but do recognize
that this may be done when there is a waiver.
The question of whether an employee of the
attorney could testify would depend upon the
nature of the testimony that the employee was
called to produce. If it related to the
privilege, it would not be acceptable under
this section. For purposes of logic and
clarity it appears here as a proper
directive.

SEC. 9-109. LICENSED PSYCHIATRIST OR PSYCHOLOGIST.
(A) DEFINITIONS.

(1)     "AUTHORIZED REPRESENTATIVE" MEANS A
PERSON AUTHORIZED BY THE PATIENT TO ASSERT THE
PRIVILEGE GRANTED BY THIS SECTION AND UNTIL PERMITTED
BY THE PATIENT TO MAKE DISCLOSURE, THE PERSON WHOSE
COMMUNICATIONS ARE PRIVILEGED.

(2)    "CERTIFIED PSYCHOLOGIST" MEANS A PERSON
CERTIFIED AS A PSYCHOLOGIST UNDER THE LAWS OF
MARYLAND.

(3)       "PATIENT" MEANS A PERSON WHO
COMMUNICATES OR RECEIVES SERVICES REGARDING THE
DIAGNOSIS OR TREATMENT OF HIS MENTAL OR EMOTIONAL
DISORDER FROM A PSYCHIATRIST, CERTIFIED PSYCHOLOGIST,
OR ANY OTHER PERSON PARTICIPATING DIRECTLY OR VITALLY
WITH EITHER IN RENDERING THOSE SERVICES IN