Rule 502 - Lawyer-client Privilege(a) Definitions. As used in this rule: (1) A "client" is:(E) Any other organization or entity, public or private; To whom a lawyer renders professional legal services, or who consults with a lawyer with a view toward obtaining professional legal services from the lawyer.
(2) A "representative of the client" is a person who has authority on behalf of the client to: (A) Obtain professional legal services; or (B) Act on advice rendered as part of professional legal services. (3) A "lawyer" is: (A) A person authorized to practice law in any state or nation; or (B) A person whom the client reasonably believes to be authorized to practice law in any state or nation. (4) A "representative of the lawyer" is a person who is employed by the lawyer to assist the lawyer in the rendition of professional legal services. (5) A communication is "confidential" if it is made to facilitate the provision of legal services to the client and is not intended to be disclosed to any third party other than those to whom the client revealed the information in the process of obtaining professional legal services.(b) General rule. A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, the contents of any confidential communication: (1) Between the client or client's representative and the client's lawyer or lawyer's representative; (2) Between the lawyer and the lawyer's representative;(3) By the client, the client's representative, the client's lawyer, or the lawyer's representative to a lawyer representing another party in that pending action concerning a matter of common interest in a pending action;(4) Between the client's representatives, or between the client and his or her representative; or (5) Among the client's lawyers and those lawyers' representatives.(c) Who may claim the privilege.(1) The privilege may be claimed by:(B) The client's guardian or conservator; (C) The client's personal representative, if the client is deceased; or (D) An officer, manager, trustee, or other agent authorized to act on behalf of a legal entity-such as a corporation, limited liability company, partnership, or trust-in legal matters or in obtaining the services of, or communicating with, an attorney for the entity, whether or not the entity still exists.(2) There is a presumption that the person who was the lawyer or lawyer's representative at the time of the communication in question has authority to claim the privilege on the client's behalf.(d) Exceptions. The lawyer-client privilege is subject to the following exceptions: (1)Furtherance of Crime or Fraud. The lawyer-client privilege does not apply if the client sought or obtained the lawyer's services to help a person plan or commit what the client knew or reasonably should have known was a crime or fraud.(2)Claimants Through Same Deceased Client. The lawyer-client privilege does not apply to any communication relevant to an issue between parties who claim through the same deceased client. (3)Breach of Duty by Lawyer or Client. The lawyer-client privilege does not cover any communication relevant to an issue of the lawyer's breach of a duty to the client, or of the client's breach of a duty to the lawyer. (4)Document Attested by Lawyer. The lawyer-client privilege does not apply to a communication relevant to an issue about a document to which the lawyer is an attesting witness. (5)Joint Clients. When a communication is offered in an action between clients who were represented jointly by the lawyer, the lawyer-client privilege does not protect that communication if it is relevant to a matter of common interest between clients, and if the communication was made by any one of the clients to the lawyer retained or consulted as part of a joint representation. (6)Public Officer or Agency. The lawyer-client privilege does not apply to communications between a public officer or agency and its lawyers. However, if the court determines that disclosure will seriously impair the public officer's or agency's ability to process a claim or carry out a pending investigation, litigation, or proceeding in the public interest, the lawyer-client privilege will apply to communications concerning the pending investigation, claim, or action.Adopted effective 1/1/2015.Maine Restyling Note [November 2014]
Maine Rule 502 has been restyled in accordance with the federal restyling conventions, and, as part of this process, the Committee has proposed some minor, nonsubstantive changes to clarify the Rule.*
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*When a Rule 502 question is addressed as an ethical issue or obligation, Rule 1.6 of the Maine Rules of Professional Conduct (Confidentiality of Information) should also be reviewed.
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