Summary of changes
Rule 502 — Lawyer-client privilege
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Rule in one view.
0 amended
0 added
0 removed
21 unchanged
No changes recorded for this Rule —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
502(a)
unchanged
Original text
General Rule.
A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client:
Current text
General Rule.
A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client:
502(a)(1)
unchanged
Original text
between the client or the client's representative and the lawyer or the lawyer's representative;
Current text
between the client or the client's representative and the lawyer or the lawyer's representative;
502(a)(2)
unchanged
Original text
between the lawyer and the lawyer's representative;
Current text
between the lawyer and the lawyer's representative;
502(a)(3)
unchanged
Original text
by the client or the client's lawyer to a lawyer representing another in a matter of common interest;
Current text
by the client or the client's lawyer to a lawyer representing another in a matter of common interest;
502(a)(4)
unchanged
Original text
between representatives of the client or between the client and a representative of the client; or
Current text
between representatives of the client or between the client and a representative of the client; or
502(a)(5)
unchanged
Original text
between lawyers representing the client.
Current text
between lawyers representing the client.
502(b)
unchanged
Original text
Definitions.
As used in this rule:
Current text
Definitions.
As used in this rule:
502(b)(1)
unchanged
Original text
"Client" means a person, public officer, corporation, association, organization, or other entity, either public or private, who receives professional legal services from a lawyer, or who consults a lawyer with a view to obtaining professional legal services from the lawyer.
Current text
"Client" means a person, public officer, corporation, association, organization, or other entity, either public or private, who receives professional legal services from a lawyer, or who consults a lawyer with a view to obtaining professional legal services from the lawyer.
502(b)(2)
unchanged
Original text
"Lawyer" means a person authorized, or reasonably believed by the client to be authorized, to practice law; or a member of the Armed Forces detailed, assigned, or otherwise provided to represent a person in a court-martial case or in any military investigation or proceeding. The term "lawyer" does not include a member of the Armed Forces serving in a capacity other than as a judge advocate, legal officer, or law specialist as defined in Article 1, unless the member:
Current text
"Lawyer" means a person authorized, or reasonably believed by the client to be authorized, to practice law; or a member of the Armed Forces detailed, assigned, or otherwise provided to represent a person in a court-martial case or in any military investigation or proceeding. The term "lawyer" does not include a member of the Armed Forces serving in a capacity other than as a judge advocate, legal officer, or law specialist as defined in Article 1, unless the member:
502(b)(2)(A)
unchanged
Original text
is detailed, assigned, or otherwise provided to represent a person in a court-martial case or in any military investigation or proceeding;
Current text
is detailed, assigned, or otherwise provided to represent a person in a court-martial case or in any military investigation or proceeding;
502(b)(2)(B)
unchanged
Original text
is authorized by the Armed Forces, or reasonably believed by the client to be authorized, to render professional legal services to members of the Armed Forces; or
Current text
is authorized by the Armed Forces, or reasonably believed by the client to be authorized, to render professional legal services to members of the Armed Forces; or
502(b)(2)(C)
unchanged
Original text
is authorized to practice law and renders professional legal services during off-duty employment.
Current text
is authorized to practice law and renders professional legal services during off-duty employment.
502(b)(3)
unchanged
Original text
"Lawyer's representative" means a person employed by or assigned to assist a lawyer in providing professional legal services.
Current text
"Lawyer's representative" means a person employed by or assigned to assist a lawyer in providing professional legal services.
502(b)(4)
unchanged
Original text
A communication is "confidential" if not intended to be disclosed to third persons other than those to whom disclosure is in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication.
Current text
A communication is "confidential" if not intended to be disclosed to third persons other than those to whom disclosure is in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication.
502(c)
unchanged
Original text
Who May Claim the Privilege.
The privilege may be claimed by the client, the guardian or conservator of the client, 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 lawyer or the lawyer's representative who received the communication may claim the privilege on behalf of the client. The authority of the lawyer to do so is presumed in the absence of evidence to the contrary.
Current text
Who May Claim the Privilege.
The privilege may be claimed by the client, the guardian or conservator of the client, 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 lawyer or the lawyer's representative who received the communication may claim the privilege on behalf of the client. The authority of the lawyer to do so is presumed in the absence of evidence to the contrary.
502(d)
unchanged
Original text
Exceptions.
There is no privilege under this rule under any of the following circumstances:
Current text
Exceptions.
There is no privilege under this rule under any of the following circumstances:
502(d)(1)
unchanged
Original text
Crime or Fraud.
If the communication clearly contemplated the future commission of a fraud or crime or if services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud;
Current text
Crime or Fraud.
If the communication clearly contemplated the future commission of a fraud or crime or if services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud;
502(d)(2)
unchanged
Original text
Claimants through Same Deceased Client.
As to a communication relevant to an issue between parties who claim through the same deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction;
Current text
Claimants through Same Deceased Client.
As to a communication relevant to an issue between parties who claim through the same deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction;
502(d)(3)
unchanged
Original text
Breach of Duty by Lawyer or Client.
As to a communication relevant to an issue of breach of duty by the lawyer to the client or by the client to the lawyer;
Current text
Breach of Duty by Lawyer or Client.
As to a communication relevant to an issue of breach of duty by the lawyer to the client or by the client to the lawyer;
502(d)(4)
unchanged
Original text
Document Attested by the Lawyer.
As to a communication relevant to an issue concerning an attested document to which the lawyer is an attesting witness; or
Current text
Document Attested by the Lawyer.
As to a communication relevant to an issue concerning an attested document to which the lawyer is an attesting witness; or
502(d)(5)
unchanged
Original text
Joint Clients.
As to a communication relevant to a matter of common interest between two or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between any of the clients.
Current text
Joint Clients.
As to a communication relevant to a matter of common interest between two or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between any of the clients.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.