26-1-803. Attorney-client privilege. (1) An attorney cannot, without the consent of the client, be examined as to any communication made by the client to the attorney or the advice given to the client in the course of professional employment.
(2) A client cannot, except voluntarily, be examined as to any communication made by the client to the client's attorney or the advice given to the client by the attorney in the course of the attorney's professional employment.
History: En. Secs. 373-377, pp. 210, 211, L. 1867; re-en. Secs. 447-451, p. 125, Cod. Stat. 1871; en. Secs. 629, 630, pp. 203, 204, L. 1877; re-en. Secs. 629, 630, 1st Div. Rev. Stat. 1879; re-en. Secs. 650, 651, 1st Div. Comp. Stat. 1887; re-en. Sec. 3163, C. Civ. Proc. 1895; re-en. Sec. 7892, Rev. C. 1907; re-en. Sec. 10536, R.C.M. 1921; amd. Sec. 1, Ch. 83, L. 1925; amd. Sec. 1, Ch. 130, L. 1931; re-en. Sec. 10536, R.C.M. 1935; amd. Sec. 1, Ch. 61, L. 1971; amd. Sec. 1, Ch. 318, L. 1973; amd. Sec. 15, Ch. 543, L. 1975; amd. Sec. 2, Ch. 225, L. 1977; R.C.M. 1947, 93-701-4(2); amd. Sec. 1, Ch. 276, L. 1989; amd. Sec. 531, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 1. Statutory Provisions on Evidence
26-1-801. Policy to protect confidentiality in certain relations
26-1-803. Attorney-client privilege
26-1-804. Confessions made to member of clergy
26-1-805. Doctor-patient privilege
26-1-806. Speech-language pathologist, audiologist-client privilege
26-1-807. Mental health professional-client privilege
26-1-808. Information gathered by psychology teachers and observers
26-1-809. Confidential communications by student to employee of educational institution
26-1-810. Confidential communications made to public officer
26-1-813. Mediation -- confidentiality -- privilege -- exceptions