{"data":{"id":"us-ky/kre-503","jurisdiction":"us-ky","citation":"KRE 503","heading":"Lawyer-client privilege","body":"(a) Definitions.  As used in this rule:\n(1) \"Client\" means a person, including a public officer, corporation, association,\nor other organization or entity, either public or private, who is rendered\nprofessional legal services by a lawyer, or who consults a lawyer with a view\nto obtaining professional legal services from the lawyer.\n(2) \"Representative of the client\" means:\n(A) A person having authority to obtain professional legal services, or to act\non advice thereby rendered on behalf of the client; or\n(B) Any employee or representative of the clie nt who makes or receives a\nconfidential communication:\n(i) In the course and scope of his or her employment;\n(ii) Concerning the subject matter of his or her employment; and\n(iii) To effectuate legal representation for the client.\n(3) \"Lawyer\" means a pers on authorized, or reasonably believed by the client to\nbe authorized to engage in the practice of law in any state or nation.\n(4) \"Representative of the lawyer\" means a person employed by the lawyer to\nassist the lawyer in rendering professional legal services.\n(5) A communication is \"confidential\" if not intended to be disclosed to third\npersons other than those to whom disclosure is made in furtherance of the\nrendition of professional legal services to the client or those reasonably\nnecessary for the transmission of the communication.\n(b) General rule of privilege.  A client has a privilege to refuse to disclose and to\nprevent any other person from disclosing a confidential communication made for\nthe purpose of facilitating the rendition of professional legal services to the client:\n(1) Between the client or a representative of the client and the client's lawyer or a\nrepresentative of the lawyer;\n(2) Between the lawyer and a representative of the lawyer;\n(3) By the client or a representative of the client or the client's lawyer or a\nrepresentative of the lawyer to a lawyer or a representative of a lawyer\nrepresenting another party in a pending action and concerning a matter of\ncommon interest therein;\n(4) Between representatives of the client or between the client and a\nrepresentative of the client; or\n(5) Among lawyers and their representatives representing the same client.\n(c) Who may claim the privilege.  The privilege may be claimed by the client, the\nclient's guardian or conservator, the personal representative of a deceased client, or\nthe successor, trustee, or similar representative of a corporation, association, or\nother organization, whether or not in existence. The person who was the lawyer or\nthe lawyer's representative at the time of the communication is presumed to have\nauthority to claim the privilege but only on behalf of the client.\n(d) Exceptions.  There is no privilege under this rule:\n(1) Furtherance of crime or fraud.  If the services of the l awyer were sought or\nobtained to enable or aid anyone to commit or plan to commit what the client\nknew or reasonably should have known to be a crime or fraud;\n(2) Claimants through same deceased client.  As to a communication relevant to\nan issue between p arties who claim through the same deceased client,\nregardless of whether the claims are by testate or intestate succession or by\ntransaction inter vivos;\n(3) Breach of duty by a lawyer or client.  As to a communication relevant to an\nissue of breach of duty by a lawyer to the client or by a client to the lawyer;\n(4) Document attested by a lawyer.  As to a communication relevant to an issue\nconcerning an attested document to which the lawyer is an attesting witness;\nand\n(5) Joint clients.  As to a communicat ion relevant to a matter of common interest\nbetween or among two (2) or more clients if the communication was made by\nany of them to a lawyer retained or consulted in common, when offered in an\naction between or among any of the clients.","path":["KENTUCKY RULES OF EVIDENCE ----- 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.\""],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20377","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:10Z","sha256":"86b3322b820f589a32f63d9a2f87ad683f6b1fd4c17012c12a39eab738a0832a","source_id":"us-ky","stale":false,"prev":"us-ky/kre-502","next":"us-ky/kre-504"},"notice":"GroundRules: Original legal text. Not legal advice."}