RULE 503. LAWYER-CLIENT PRIVILEGE
(a) Definitions. As used in this rule:
(1) A "client" is a person, public officer, or corporation, association, or
other organization or entity either public or private, who is rendered
professional legal services by a lawyer, or who consults a lawyer with a view
to obtaining professional legal services from that lawyer.
(2) A "representative of the client" is:
(A) a person having authority to obtain professional legal services, or to act
on advice thereby rendered, on behalf of the client, or
(B) any other person who, for the purpose of effectuating legal representation
for the client, makes or receives a confidential communi-cation while acting in
the scope of employment for the client.
(3) A "lawyer" is a person authorized, or reasonably believed by the client to
be authorized, to engage in the practice of law in any state or nation.
(4) A "representative of the lawyer" is:
(A) one employed by the lawyer to assist the lawyer in the rendition of
professional legal services; or
(B) an accountant who is reasonably necessary for the lawyer's rendition of
professional legal services.
(5) A communication is "confidential" if not intended to be disclosed to third
persons other than those to whom disclosure is made in furtherance of the
rendition of professional legal services to the client or those reasonably
necessary for the transmission of the communication.
(b) Rules of Privilege.
(1) General rule of privilege. A client has a privilege to refuse to
disclose and to prevent any other person from disclosing confidential
communications made for the purpose of facilitating the rendition of
professional legal services to the client:
(C) by the client or a representative of the client, or the client's lawyer or a
representative of the lawyer, to a lawyer or a representative of a lawyer
representing another party in a pending action and concerning a matter of
common interest therein;
(D) between representatives of the client or between the client and a
representative of the client; or
(2) Special rule of privilege in criminal cases. In criminal cases, a
client has a privilege to prevent the lawyer or lawyer's representative from
disclosing any other fact which came to the knowledge of the lawyer or the
lawyer's representative by reason of the attorney-client relationship.
(c) Who May Claim the Privilege. The privilege may be claimed
by the client, the client's guardian or conservator, the personal
representative of a deceased client, or the successor, trustee, or similar
representative of a corporation, association, or other organization, whether or
not in existence. The person who was the lawyer or the lawyer's representative
at the time of the communication is presumed to have authority to claim the
privilege but only on behalf of the client.
(d) Exceptions. There is no privilege under this rule:
(1) Furtherance of crime or fraud. If the services of the lawyer were
sought or obtained to enable or aid anyone to commit or plan to commit what the
client knew or reasonably should have known to be a crime or fraud;
(2) Claimants through same deceased client. As to a communication
relevant to an issue between parties who claim through the same deceased
client, regardless of whether the claims are by testate or intestate succession
or by inter vivos transactions;
(3) Breach of duty by a lawyer or client. As to a communication
relevant to an issue of breach of duty by a lawyer to the client or by a client
to the lawyer;
(4) Document attested by a lawyer. As to a communication relevant to an
issue concerning an attested document to which the lawyer is an attesting
witness; or
(5) Joint clients. As to a communication relevant to a matter of common
interest between or among two or more clients if the communication was made by
any of them to a lawyer retained or consulted in common, when offered in an
action between or among any of the clients.