(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 him.
(2) A "lawyer" is a person authorized, or
reasonably believed by the client to be authorized, to practice law in any state or
(3) A "representative of the lawyer" is one
employed to assist the lawyer in the rendition of professional legal services.
(4) A communication is "confidential" if not
intended to be disclosed to third persons other than those to whom disclosure is in
furtherance of the rendition of professional legal services to the client or those
reasonably necessary for the transmission of the communication.
(b) 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, (1) between himself or his representative and his lawyer or his lawyers
representative, or (2) between his lawyer and the lawyers representative, or (3) by
him or his lawyer to a lawyer representing another in a matter of common interest, or (4)
between representatives of the client or between the client and a representative of the
client, or (5) between lawyers representing the client.
(c) Who may claim the privilege. The privilege may be claimed by
the client, his 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 at the time
of the communication may claim the privilege but only on behalf of the client. His
authority to do so is presumed in the absence of evidence to the contrary.
(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; or
(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
(3) Breach of duty by lawyer or client. As to a communication
relevant to an issue of breach of duty by the lawyer to his client or by the client to his
(4) Document attested by 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 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 any of the