60-426. Lawyer-client privilege. - Kansas Statutes

60-426

Chapter 60.--PROCEDURE, CIVIL Article 4.--RULES OF EVIDENCE

      60-426.   Lawyer-client privilege.(a) General rule. Subject to K.S.A. 60-437, and except as otherwiseprovided by subsection (b) of this section communications found by thejudge to have been between lawyer and his or her client in the course of thatrelationship and in professional confidence, are privileged, and a client hasa privilege (1) if he or she is the witness to refuse to disclose any suchcommunication, and (2) to prevent his or her lawyer from disclosing it, and(3) to prevent any other witness from disclosing such communication if it cameto the knowledge of such witness (i) in the course of its transmittal betweenthe client and the lawyer, or (ii) in a manner not reasonably to be anticipatedby the client, or (iii) as a result of a breach of the lawyer-clientrelationship. The privilege may be claimed by the client in person or by hisor her lawyer, or if an incapacitated person, by either his or herguardian or conservator, or if deceased, by his or her personal representative.

      (b)   Exceptions. Such privileges shall not extend (1) to acommunication if the judge finds that sufficient evidence, aside from thecommunication, has been introduced to warrant a finding that the legalservice was sought or obtained in order to enable or aid the commission orplanning of a crime or a tort, or (2) to a communication relevant to anissue between parties all of whom claim through the client, regardless ofwhether the respective claims are by testate or intestate succession or byinter vivos transaction, or (3) to a communication relevant to anissue of breach of duty by the lawyer to his or her client, or by the client tohis or her lawyer, or (4) to a communication relevant to an issue concerning anattested document of which the lawyer is an attesting witness, or (5) to acommunication relevant to a matter of common interest between two or moreclients if made by any of them to a lawyer whom they have retained incommon when offered in an action between any of such clients.

      (c)   Definitions. As used in this section (1) "client" means aperson or corporation or other association that, directly or through anauthorized representative, consults a lawyer or lawyer's representative forthe purpose of retaining the lawyer or securing legal service or advice fromthe lawyer in his or her professional capacity; and includes an incapacitatedperson who, or whose guardian on behalf of the incapacitated person so consultsthe lawyer or the lawyer's representative in behalf of the incapacitatedperson; (2) "communication" includes advice given by the lawyer in thecourse of representing the client and includes disclosures of the client toa representative, associate or employee of the lawyer incidental to theprofessional relationship; (3) "lawyer" means a person authorized, orreasonably believed by the client to be authorized to practice law in anystate or nation the law of which recognizes a privilege against disclosureof confidential communications between client and lawyer.

      History:   L. 1963, ch. 303, 60-426; L. 1965, ch.354, § 7; Jan. 1, 1966.