Privilege in general

(a) A person may not claim a privilege with respect to any matter except as required by or provided for in: (1) the United States Constitution as applied to members of the Armed Forces; (2) a federal statute applicable to trials by courts- martial; (3) these rules; (2) between representative; the lawyer and the lawyer’s (3) by the client or the client’s lawyer to a lawyer representing another in a matter of common interest; (4) between representatives of the client or between the client and a representative of the client; or (5) between lawyers representing the client. (b) Definitions. As used in this rule: (1) “Client” means a person, public officer, corporation, association, organization, or other entity, either public or private, who receives professional legal services from a lawyer, or who consults a lawyer with III-21 a view to obtaining professional legal services from the lawyer. (2) “Lawyer” means a person authorized, or reasonably believed by the client to be authorized, to practice law; or a member of the Armed Forces detailed, assigned, or otherwise provided to represent a person in a court-martial case or in any military investigation or proceeding. The term “lawyer” does not include a member of the Armed Forces serving in a capacity other than as a judge advocate, legal officer, or law specialist as defined in Article 1, unless the member: (A) is detailed, assigned, or otherwise provided to represent a person in a court-martial case or in any military investigation or proceeding; (B) is authorized by the Armed Forces, or reasonably believed by the client to be authorized, to render professional legal services to members of the Armed Forces; or (C) is authorized to practice law and renders off-duty services during legal professional employment. (3) “Lawyer’s representative” means a person employed by or assigned to assist a lawyer in providing 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. (c) Who May Claim the Privilege. The privilege may be claimed by the client, the guardian or conservator of the client, the personal representative of a deceased client, or similar representative of a corporation, association, or other organization, whether or not in existence. The lawyer or the lawyer’s representative who received the communication may claim the privilege on behalf of the client. The authority of the lawyer to do so is presumed in the absence of evidence to the contrary. (d) Exceptions. There is no privilege under this rule under any of the following circumstances: trustee, or successor, the (1) Crime or Fraud. If the communication clearly contemplated the future commission of a fraud or crime or if 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; III-22 (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 transaction; (3) Breach of Duty by Lawyer or Client. As to a communication relevant to an issue of breach of duty by the lawyer to the client or by the client to the lawyer; (4) Document Attested by the 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 clients.