Rule 11-503. Lawyer-client privilege.

A. Definitions. For purposes of this rule, (1) a “client” is a person, public officer, corporation, association, or other entity who consults with, seeks advice from, or retains the professional services of a lawyer or a lawyer’s representative; (2) a “lawyer” is a person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation; (3) a “representative of a lawyer” is one employed to assist the lawyer in providing professional legal services; and (4) a communication is “confidential” if made privately and not intended for further disclosure except to other persons in furtherance of the purpose of the communication and includes the act of contacting or retaining a lawyer for the purpose of seeking professional legal services if not intended to be disclosed to third persons. B. Scope of the privilege. A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made for the purpose of facilitating or providing professional legal services to that client, (1) between the client and the client’s lawyer or representative; (2) between the client’s lawyer and the lawyer’s representative; (3) between the client or client’s lawyer and another 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. C. Who may claim the privilege. The privilege may be claimed by (1) the client; (2) the client’s guardian or conservator; (3) the personal representative of a deceased client; or (4) the successor, trustee, or similar representative of a corporation, association, or other entity, whether or not in existence. The lawyer of the client at the time of the communication may claim the privilege only on behalf of the client. Authority to claim the privilege is presumed absent evidence to the contrary. D. Exceptions. There is no privilege under this rule: (1) Furtherance of crime or fraud. If the professional legal services were sought or obtained to enable or assist anyone in committing or planning to commit what the client knew or reasonably should have known to be a crime or fraud; (2) Claimants through same deceased client. For 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. For a communication relevant to an issue of breach of duty either by the lawyer to the lawyer’s client or by the client to the client’s lawyer; (4) Document attested by lawyer. For a communication relevant to an issue concerning an attested document to which the lawyer is an attesting witness; or (5) Joint clients. For 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.