Tuesday, April 1, 2008

Change to Lawyer Client Privilege

A change has been made by the Texas Supreme Court to Rule 503. Lawyer-Client Privilege. The change removes former rule 503(b)(2)- the special rule of privilege in criminal cases. However, the change is not ment to restrict the scope of either the work-product privilege or the lawyer's professional duty not to reveal the confidential information of a client.

The new rule is as follows:

Rule 503. Lawyer-Client Privilege

(a) Definitions. (no change)
(b) General Rule of Privilege.
A client has a prvilege to refuse to disclose and to prvent 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 lawyer or a representative of the lawyer;
(2) between the lawyer and the lawyer's representative;
(3) by the client or a representative of the client, or the client's lawyer or a representative of the lawyer, to a lawyer or a representative of a lawyer 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 lawyers and their representatives representing the same client.
(c) Who May Claim the Privilege. (no change)
(d) Exceptions. (no change)