KRE 503 Lawyer-client privilege
Baldwin's Kentucky Revised Statutes AnnotatedKentucky Rules of Evidence
KRE Rule 503
KRE 503 Lawyer-client privilege
(c) Who may claim the privilege. 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 lawyer or the lawyer's representative at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the client.
Credits
HISTORY: 1992 c 324, § 8, 34, eff. 7-1-92; 1990 c 88, § 25
LRC NOTES
Legislative Research Commission Note (6-8-11): When this rule was enacted in 1990, it was intended to mirror Section 502 of the Uniform Rules of Evidence Act which was recommended for enactment in all the states by the National Conference of Commissioners on Uniform State Laws. Section 502, subsection (b)(3) contained the words “to a lawyer or a representative of a lawyer” preceding the word “representing.” However, that phrase was omitted during the drafting of 1990 HB 214, Section 25 (1990 Ky. Acts ch. 88) because the drafter apparently erroneously considered it to be duplicative of prior text and an error in the language of the Uniform Rule. It is clear to the Reviser of Statutes that it is not duplicative since it is describing to whom a privileged communication may be made. The Reviser of Statutes has reinserted that phrase into subsection (b)(3) to correct that manifest clerical or typographical error under the authority of KRS 7.136.
<Research Note>
Legislative Research Commission Note (7-1-92): Although denominated “rules,” the elements of the Kentucky Rules of Evidence were enacted as statutes by the Kentucky General Assembly. See 1990 Ky. Acts ch. 88; 1992 Ky. Acts ch. 324. Originally codified as KRS Chapter 422A in 1990, the Kentucky Rules of Evidence were renumbered by the Reviser of Statutes, effective July 1, 1992, pursuant to 1992 Ky. Acts ch. 324, sec. 34. By an order dated May 12, 1992, the Kentucky Supreme Court “adopt[ed] so much of the Kentucky Rules of Evidence as enacted by HB 241 [1992 Ky. Acts ch. 324] as comes within the rule making power of the Court, pursuant to Ky. Const. sec. 116.”.
Publisher's Note: KRE 502 and 704 are being reserved for future use.
Rules of Evid., Rule 503, KY ST REV Rule 503
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
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