§ 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.

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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.