Okla. Stat. tit. 12, § 12-2502
This is the official text of Okla. Stat. tit. 12, § 12-2502, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Attorney-client privilege
Official statutory text
A. As used in this section:
1. An “attorney” 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;
2. A “client” is a person, public officer, or corporation,
association, or other organization or entity, either public or
private, who consults an attorney with a view towards obtaining
legal services or is rendered professional legal services by an
attorney;
3. A “representative of an attorney” is one employed by the
attorney to assist the attorney in the rendition of professional
legal services;
4. A “representative of the client” is:
a. one having authority to obtain professional legal
services, or to act on advice rendered pursuant
thereto, 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 communication while acting in the scope
of employment for the client; and
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. 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 the client or a representative of the client and the
client’s attorney or a representative of the attorney;
2. Between the attorney and a representative of the attorney;
3. By the client or a representative of the client or the
client’s attorney or a representative of the attorney to an attorney
Oklahoma Statutes - Title 12. Civil Procedure Page 452
or a representative of an attorney representing another party in a
pending action and concerning a matter of common interest therein;
4. Between representatives of the client or between the client
and a representative of the client; or
5. Among attorneys and their representatives representing the
same client.
C. 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 attorney or the attorney’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. There is no privilege under this section:
1. If the services of the attorney 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. 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. As to a communication relevant to an issue of breach of duty
by the attorney to the client or by the client to the attorney;
4. As to a communication necessary for an attorney to defend in
a legal proceeding an accusation that the attorney assisted the
client in criminal or fraudulent conduct;
5. As to a communication relevant to an issue concerning an
attested document to which the attorney is an attesting witness;
6. 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 an attorney retained or consulted in
common, when offered in an action between or among any of the
clients; or
7. As to a communication between a public officer or agency and
its attorney unless the communication concerns a pending
investigation, claim or action and the court determines that
common
interest between or among two or more clients if the communication
was made by any of them to an attorney retained or consulted in
common, when offered in an action between or among any of the
clients; or
7. As to a communication between a public officer or agency and
its attorney unless the communication concerns a pending
investigation, claim or action and the court determines that
disclosure will seriously impair the ability of the public officer
or agency to process the claim or conduct a pending investigation,
litigation or proceeding in the public interest.
E. A disclosure of a communication or information covered by
the attorney-client privilege or the work-product doctrine does not
operate as a waiver if:
1. The disclosure was inadvertent;
2. The holder of the privilege took reasonable steps to prevent
disclosure; and
3. The holder of the privilege took reasonable steps to rectify
the error including, but not limited to, information falling within
Oklahoma Statutes - Title 12. Civil Procedure Page 453
the scope of paragraph 4 of subsection B of Section 3226 of this
title, if applicable.
F. Disclosure of a communication or information meeting the
requirements of an attorney-client privilege as set forth in this
section or the work-product doctrine to a governmental office,
agency or political subdivision in the exercise of its regulatory,
investigative, or enforcement authority does not operate as a waiver
of the privilege or protection in favor of nongovernmental persons
or entities. Disclosure of such information does not waive the
privilege or protection of undisclosed communications on the same
subject unless:
1. The waiver is intentional;
2. The disclosed and undisclosed communications or information
concern the same subject matter; and
3. Due to principles of fairness, the disclosed and undisclosed
communications or information should be considered together.
1. An “attorney” 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;
2. A “client” is a person, public officer, or corporation,
association, or other organization or entity, either public or
private, who consults an attorney with a view towards obtaining
legal services or is rendered professional legal services by an
attorney;
3. A “representative of an attorney” is one employed by the
attorney to assist the attorney in the rendition of professional
legal services;
4. A “representative of the client” is:
a. one having authority to obtain professional legal
services, or to act on advice rendered pursuant
thereto, 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 communication while acting in the scope
of employment for the client; and
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. 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 the client or a representative of the client and the
client’s attorney or a representative of the attorney;
2. Between the attorney and a representative of the attorney;
3. By the client or a representative of the client or the
client’s attorney or a representative of the attorney to an attorney
Oklahoma Statutes - Title 12. Civil Procedure Page 452
or a representative of an attorney representing another party in a
pending action and concerning a matter of common interest therein;
4. Between representatives of the client or between the client
and a representative of the client; or
5. Among attorneys and their representatives representing the
same client.
C. 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 attorney or the attorney’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. There is no privilege under this section:
1. If the services of the attorney 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. 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. As to a communication relevant to an issue of breach of duty
by the attorney to the client or by the client to the attorney;
4. As to a communication necessary for an attorney to defend in
a legal proceeding an accusation that the attorney assisted the
client in criminal or fraudulent conduct;
5. As to a communication relevant to an issue concerning an
attested document to which the attorney is an attesting witness;
6. 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 an attorney retained or consulted in
common, when offered in an action between or among any of the
clients; or
7. As to a communication between a public officer or agency and
its attorney unless the communication concerns a pending
investigation, claim or action and the court determines that
common
interest between or among two or more clients if the communication
was made by any of them to an attorney retained or consulted in
common, when offered in an action between or among any of the
clients; or
7. As to a communication between a public officer or agency and
its attorney unless the communication concerns a pending
investigation, claim or action and the court determines that
disclosure will seriously impair the ability of the public officer
or agency to process the claim or conduct a pending investigation,
litigation or proceeding in the public interest.
E. A disclosure of a communication or information covered by
the attorney-client privilege or the work-product doctrine does not
operate as a waiver if:
1. The disclosure was inadvertent;
2. The holder of the privilege took reasonable steps to prevent
disclosure; and
3. The holder of the privilege took reasonable steps to rectify
the error including, but not limited to, information falling within
Oklahoma Statutes - Title 12. Civil Procedure Page 453
the scope of paragraph 4 of subsection B of Section 3226 of this
title, if applicable.
F. Disclosure of a communication or information meeting the
requirements of an attorney-client privilege as set forth in this
section or the work-product doctrine to a governmental office,
agency or political subdivision in the exercise of its regulatory,
investigative, or enforcement authority does not operate as a waiver
of the privilege or protection in favor of nongovernmental persons
or entities. Disclosure of such information does not waive the
privilege or protection of undisclosed communications on the same
subject unless:
1. The waiver is intentional;
2. The disclosed and undisclosed communications or information
concern the same subject matter; and
3. Due to principles of fairness, the disclosed and undisclosed
communications or information should be considered together.
Status: in_force · Read it on the official government site
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