Attorney - Client Privilege - Tulsa Trial Attorneys

Client Reviews from Attorney - Client Privilege Cases

"MY FAMILY HAS HAD A LOT OF ATTORNEYS, BUT NONE HAVE EVER FOUGHT HARDER OR BEEN SUCH FIERCE ADVOCATES IN THE COURTROOM AS THESE TWO."  D.A.

"THANK YOU FOR BELIEVING IN ME AND FIGHTING FOR ME WHEN EVEN MY FAMILY GAVE UP." L.H.

Attorney - Definition

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; 12 O.S. 2502

Client - Definition

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; 12 O.S. 2502

Representative of an Attorney - Definition

A "representative of an attorney" is one employed by the attorney to assist the attorney in the rendition of professional legal services; 12 O.S. 2502

Representative of the Client - Definition

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 12 O.S. 2502

When is Communication Confidential?

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. 12 O.S. 2502

Attorney - Client 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 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 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.

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. 12 O.S. 2502

When is There No Privilege Under this Section?

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 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. 12 O.S. 2502

When Does Communication of Information by Attorney - Client Privilege Not Operate as a Waiver?

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 the scope of paragraph 4 of subsection B of Section 3226 of this title, if applicable. 12 O.S. 2502

When Does Disclosure Waive the Privilege of Protection or Undisclosed Communications?

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. 12 O.S. 2502

General Provisions

• Legislative Purpose

• Scope of Rules

• Rulings on Evidence

• Preliminary Questions

• Limited Admissibility

• Remainder of Part of Record

Judicial Notice

• Judicial Notice of Law

• Judicial Notice of Adjudicative Facts

• Determining Propriety of Taking Judicial Notice

Presumptions

• Establishment of Basic Fact

• Effect of Presumptions in Civil Cases

• Presumptions in Criminal Cases

• Inconsistent Presumptions

Relevance

• Relevant Evidence Generally Admissible - Irrelevant Evidence Inadmissible

• Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion or Cumulative Nature of Evidence

• Character Evidence Not Admissible to Prove Conduct

• Methods of Proving Character

• Habit - Routine Practice

• Subsequent Remedial Measures

• Compromise and Offers to Compromise

• Payment of Medical and Similar Expenses

• Offer to Plead Guilty - Nolo Contendere - Withdrawn Plea of Guilty

• Liability Insurance

• Sexual Offense Against Another Person - Evidence of Complaining Witness’s Previous Sexual Conduct Inadmissible - Exception

• Evidence of Commission of Other Sexual Assault Offense - Admissibility - Disclosures by Prosecutor

• Evidence of Commission of Other Child Molestation Offense - Admissibility - Disclosures by Prosecutor

Privilege

• Privileges Recognized Only as Provided

• Attorney-Client Privilege

• Accountant-Client Privilege

• Physician- and Psychotherapist-Patient Privilege

• Interpreter for the Deaf

• Husband Wife Privilege

• Religious Privilege

• Journalist's Privilege

• Renumbered as 12 O.S. § 2503.1 by Laws 2002, HB 1939, c. 468, § 78, eff. November 1, 2002

• Peer Support Counseling Privilege

• Political Vote

• Trade Secrets

• Secrets of State and Other Official Information; Governmental Privileges

• Identity of Informer

• Crime Stoppers Organization

• Waiver of Privilege by Voluntary Disclosure

• Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege

• Comment Upon or Inference From Claim of Privilege - Instruction

Witnesses

• General Rule of Competency

• Lack of Personal Knowledge

• Oath or Affirmation

• Interpreters

• Competency of Judge as Witness

• Competency of Juror as Witness

• Who May Impeach

• Evidence of Character and Conduct of Witness

• Impeachment by Evidence of Conviction of Crime

• Religious Beliefs or Opinions

• Mode and Order of Interrogation and Presentation

• Repealed

• Unusual Court Procedures to Protect Rights of Incapacitated Persons - Criminal Defendant - Judicial Integrity

Uniform Child Witness Testimony by Alternative Methods Act

• Short Title

• Definitions

• Applicability in Criminal and Noncriminal Proceedings

• Hearing - When Ordered, How Conducted, Rules of Evidence

• When Child Witness May Testify by Alternate Means - Findings, Factors, Evidentiary Standards

• Factors Affecting Selection of Alternate Method of Testifying

• Orders

• Opportunity for Cross Examination

• Construction of Act

• Use of a Certified Therapeutic Dog

• Writing Used to Refresh Memory

• Prior Statements of Witnesses

• Calling and Interrogation of Witnesses by Court

• Exclusion of Witnesses

Expert and Opinion Testimony

• Opinion Testimony by Lay Witnesses

• Testimony by Experts

• Bases of Opinion Testimony by Experts

• Opinion on Ultimate Issue

• Disclosure of Facts or Data Underlying Expert Opinion

Hearsay

• Definitions

• Hearsay Rule

• Hearsay Exceptions - Availability of Declarant Immaterial

• Statements by Certain Children Regarding Physical or Sexual Abuse - Admissibility

• Renumbered as 12 O.S. § 2611.2 by Laws 1999, SB 481, c. 108, § 1, eff. November 1, 1999

• Hearsay Exception - Declarant Unavailable

• Hearsay Exception - Exceptional Circumstances

• Hearsay Within Hearsay

• Attacking and Supporting Credibility of Declarant

Authentication and Identification

• Requirement of Authentication or Identification

• Self-Authentication

• Subscribing Witness's Testimony Unnecessary

Contents of Writings, Recordings and Photographs

• Definitions

• Requirement of Original

• Admissibility of Duplicates

• Admissibility of Other Evidence of Contents

• Public Records

• Summaries

• Testimony or Written Admission of Party

• Functions of Judge and Jury

• Medical Bills - Identification

• Admissibility of Medical Expenses

• Repealed

• Admissibility of Evidence of Assemblage in Exercise of Free Speech or Display of Religious Beliefs

Attorney - Client Privilege Litigation Expertise

Content will be added here

Call Us Today - 918-884-7791