Section 19-13-5 - (Rule 502(d)) Exceptions to lawyer-client privilege. - South Dakota Statutes

19-13-5. (Rule 502(d)) Exceptions to lawyer-client privilege. There is no privilege under § 19-13-3:
(1) If the 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;
(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 lawyer to his client or by the client to his lawyer;
(4) As to a communication relevant to an issue concerning an attested document to which the lawyer is an attesting witness;
(5) 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 a lawyer retained or consulted in common, when offered in an action between or among any of the clients.

Source: Supreme Court Rule 78-2, Rule 502 (d).