{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-2502","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-2502","heading":"Attorney-client privilege","body":"A. As used in this section:\n\n1. An “attorney” is a person authorized, or reasonably believed\n\nby the client to be authorized, to engage in the practice of law in\n\nany state or nation;\n\n2. A “client” is a person, public officer, or corporation,\n\nassociation, or other organization or entity, either public or\n\nprivate, who consults an attorney with a view towards obtaining\n\nlegal services or is rendered professional legal services by an\n\nattorney;\n\n3. A “representative of an attorney” is one employed by the\n\nattorney to assist the attorney in the rendition of professional\n\nlegal services;\n\n4. A “representative of the client” is:\n\na. one having authority to obtain professional legal\n\nservices, or to act on advice rendered pursuant\n\nthereto, on behalf of the client, or\n\nb. any other person who, for the purpose of effectuating\n\nlegal representation for the client, makes or receives\n\na confidential communication while acting in the scope\n\nof employment for the client; and\n\n5. A communication is “confidential” if not intended to be\n\ndisclosed to third persons other than those to whom disclosure is\n\nmade in furtherance of the rendition of professional legal services\n\nto the client or those reasonably necessary for the transmission of\n\nthe communication.\n\nB. A client has a privilege to refuse to disclose and to\n\nprevent any other person from disclosing confidential communications\n\nmade for the purpose of facilitating the rendition of professional\n\nlegal services to the client:\n\n1. Between the client or a representative of the client and the\n\nclient’s attorney or a representative of the attorney;\n\n2. Between the attorney and a representative of the attorney;\n\n3. By the client or a representative of the client or the\n\nclient’s attorney or a representative of the attorney to an attorney\n\nor a representative of an attorney representing another party in a\n\npending action and concerning a matter of common interest therein;\n\n4. Between representatives of the client or between the client\n\nand a representative of the client; or\n\n5. Among attorneys and their representatives representing the\n\nsame client.\n\nC. The privilege may be claimed by the client, the client’s\n\nguardian or conservator, the personal representative of a deceased\n\nclient, or the successor, trustee, or similar representative of a\n\ncorporation, association, or other organization, whether or not in\n\nexistence. The person who was the attorney or the attorney’s\n\nrepresentative at the time of the communication is presumed to have\n\nauthority to claim the privilege but only on behalf of the client.\n\nD. There is no privilege under this section:\n\n1. If the services of the attorney were sought or obtained to\n\nenable or aid anyone to commit or plan to commit what the client\n\nknew or reasonably should have known to be a crime or fraud;\n\n2. As to a communication relevant to an issue between parties\n\nwho claim through the same deceased client, regardless of whether\n\nthe claims are by testate or intestate succession or by inter vivos\n\ntransaction;\n\n3. As to a communication relevant to an issue of breach of duty\n\nby the attorney to the client or by the client to the attorney;\n\n4. As to a communication necessary for an attorney to defend in\n\na legal proceeding an accusation that the attorney assisted the\n\nclient in criminal or fraudulent conduct;\n\n5. As to a communication relevant to an issue concerning an\n\nattested document to which the attorney is an attesting witness;\n\n6. As to a communication relevant to a matter of common\n\ninterest between or among two or more clients if the communication\n\nwas made by any of them to an attorney retained or consulted in\n\ncommon, when offered in an action between or among any of the\n\nclients; or\n\n7. As to a communication between a public officer or agency and\n\nits attorney unless the communication concerns a pending\n\ninvestigation, claim or action and the court determines that\ncommon\n\ninterest between or among two or more clients if the communication\n\nwas made by any of them to an attorney retained or consulted in\n\ncommon, when offered in an action between or among any of the\n\nclients; or\n\n7. As to a communication between a public officer or agency and\n\nits attorney unless the communication concerns a pending\n\ninvestigation, claim or action and the court determines that\n\ndisclosure will seriously impair the ability of the public officer\n\nor agency to process the claim or conduct a pending investigation,\n\nlitigation or proceeding in the public interest.\n\nE. A disclosure of a communication or information covered by\n\nthe attorney-client privilege or the work-product doctrine does not\n\noperate as a waiver if:\n\n1. The disclosure was inadvertent;\n\n2. The holder of the privilege took reasonable steps to prevent\n\ndisclosure; and\n\n3. The holder of the privilege took reasonable steps to rectify\n\nthe error including, but not limited to, information falling within\n\nthe scope of paragraph 4 of subsection B of Section 3226 of this\n\ntitle, if applicable.\n\nF. Disclosure of a communication or information meeting the\n\nrequirements of an attorney-client privilege as set forth in this\n\nsection or the work-product doctrine to a governmental office,\n\nagency or political subdivision in the exercise of its regulatory,\n\ninvestigative, or enforcement authority does not operate as a waiver\n\nof the privilege or protection in favor of nongovernmental persons\n\nor entities. Disclosure of such information does not waive the\n\nprivilege or protection of undisclosed communications on the same\n\nsubject unless:\n\n1. The waiver is intentional;\n\n2. The disclosed and undisclosed communications or information\n\nconcern the same subject matter; and\n\n3. Due to principles of fairness, the disclosed and undisclosed\n\ncommunications or information should be considered together.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2a9cfe61800ece94243e0683a3f2c0be224b060014c8ab5abb45dd26425679ed","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2501","next":"us-ok/okla.-stat.-tit.-12-12-2502.1"},"notice":"GroundRules: Original legal text. Not legal advice."}