19-19-502. Lawyer-client privilege.
(a) Definitions. As used in this section:
(1)A "client" is a person, a fiduciary of a trust or estate, public officer, or corporation, limited liability company, association, or other organization or entity, either public or private, who is rendered professional legal services by a lawyer, or who consults a lawyer with a view to obtaining professional legal services from him;
(2)A representative of the client is one having authority to obtain professional legal services, or to act on advice rendered pursuant thereto, on behalf of the client;
(3)A "lawyer" is a person authorized, or reasonably believed by the client to be authorized, to engage in the practice of law in any state or nation;
(4)A "representative of the lawyer" is one employed by the lawyer to assist the lawyer in the rendition of professional legal services;
(5)A communication is "confidential" if not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication.
(b) General rule of privilege. 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:
(1)Between himself or his representative and his lawyer or his lawyer's representative;
(2)Between his lawyer and the lawyer's representative;
(3)By him or his representative or his lawyer or a representative of the lawyer to a lawyer or a representative of a lawyer representing another party in a pending action and concerning a matter of common interest therein;
(4)Between representatives of the client or between the client and a representative of the client; or
(5)Among lawyers and their representatives representing the same client.
(c) Who may claim privilege. The privilege may be claimed by the client, his guardian or conservator, 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 person who was the lawyer or the lawyer's representative at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the client.
(d) Exceptions. There is no privilege under this section:
(1)Furtherance of crime or fraud. If the 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;
(2)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;
(3)Breach of duty by a lawyer or client. As to a communication relevant to an issue of breach of duty by the lawyer to his client or by the client to his lawyer;
(4)Documents attested by a lawyer. As to a communication relevant to an issue concerning an attested document to which the lawyer is an attesting witness;
(5)Joint clients. As to a communication relevant to a matter of common interest between or among 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 or among any of the clients.
Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 502); SL 1994, ch 351, §39; SDCL §§19-13-2 to 19-13-5; SL 2020, ch 248 (Supreme Court Rule 19-18), eff. Sept. 6, 2019.
Structure South Dakota Codified Laws
Chapter 19 - South Dakota Rules of Evidence
Section 19-19-101 - Scope--Definitions.
Section 19-19-103 - Rulings on evidence.
Section 19-19-104 - Preliminary questions.
Section 19-19-106 - Remainder of or related writings or recorded statements.
Section 19-19-201 - Judicial notice of adjudicative facts.
Section 19-19-301 - Presumptions in civil cases.
Section 19-19-302 - Presumptions in criminal cases.
Section 19-19-401 - Test for relevant evidence.
Section 19-19-402 - Relevant evidence generally admissible--Irrelevant evidence inadmissible.
Section 19-19-404 - Character evidence--Crimes or other acts.
Section 19-19-405 - Methods of proving character.
Section 19-19-406 - Habit--Routine practice.
Section 19-19-407 - Subsequent remedial measures.
Section 19-19-408 - Compromise offers and negotiations.
Section 19-19-409 - Offers to pay medical and similar expenses.
Section 19-19-410 - Pleas, plea discussions, and related statements.
Section 19-19-411 - Liability insurance.
Section 19-19-412 - Sex-offense cases--Victim's sexual behavior or predisposition.
Section 19-19-501 - Privileges recognized only as provided.
Section 19-19-502 - Lawyer-client privilege.
Section 19-19-503 - Physician and psychotherapist-patient privilege.
Section 19-19-504 - Spousal privilege.
Section 19-19-505 - Religious privilege.
Section 19-19-506 - Vote at public election.
Section 19-19-507 - Trade secrets.
Section 19-19-508 - Confidential communications to public officer.
Section 19-19-508.1 - Student and counselor, psychologist, or social worker--Exceptions.
Section 19-19-509 - Identity of informer.
Section 19-19-510 - Waiver of privilege by voluntary disclosure.
Section 19-19-511 - Privilege not waived by involuntary disclosure.
Section 19-19-512 - Comment upon or inference from claim of privilege--Instruction.
Section 19-19-514 - Sign language interpreter or relay service operator privilege.
Section 19-19-515 - Mediation privilege.
Section 19-19-516 - Communications concerning execution of inmate.
Section 19-19-601 - Competency to testify in general.
Section 19-19-602 - Need for personal knowledge--Exception for expert opinion.
Section 19-19-603 - Oath or affirmation to testify truthfully.
Section 19-19-603.1 - Form for oath of witness.
Section 19-19-603.2 - Form for affirmation of witness.
Section 19-19-604 - Form for oath of interpreter.
Section 19-19-605 - Judge's competency as a witness.
Section 19-19-606 - Juror's competency as a witness.
Section 19-19-607 - Who may impeach a witness.
Section 19-19-608 - A witness's character for truthfulness or untruthfulness.
Section 19-19-609 - Impeachment by evidence of a criminal conviction.
Section 19-19-610 - Religious beliefs or opinions.
Section 19-19-611 - Mode and order of examining witnesses and presenting evidence.
Section 19-19-611.1 - Address of witness--Release in open court restricted.
Section 19-19-612 - Writing used to refresh a witness's memory.
Section 19-19-613 - Witness's prior statement.
Section 19-19-614 - Court's calling or examining a witness.
Section 19-19-615 - Excluding witnesses.
Section 19-19-701 - Opinion testimony by lay witnesses.
Section 19-19-702 - Testimony by expert.
Section 19-19-703 - Bases of opinion testimony by experts.
Section 19-19-704 - Opinion on an ultimate issue.
Section 19-19-705 - Disclosure of facts or data underlying expert opinion.
Section 19-19-706 - Court-appointed expert witnesses.
Section 19-19-707 - Experts called by parties.
Section 19-19-801 - Definitions that apply to this article--Exclusions from hearsay.
Section 19-19-802 - Rule against hearsay.
Section 19-19-803.2 - Physician's written report--Affidavit--Notice--Objection.
Section 19-19-804 - Exceptions to rule against hearsay--When declarant unavailable as witness.
Section 19-19-805 - Hearsay within hearsay.
Section 19-19-806 - Attacking and supporting the declarant.
Section 19-19-806.2 - Statements alleging child abuse or neglect.
Section 19-19-807 - Residual exception.
Section 19-19-901 - Authenticating or identifying evidence.
Section 19-19-902 - Evidence that is self-authenticating.
Section 19-19-903 - Subscribing witnesses.
Section 19-19-1001 - Definitions that apply to this article.
Section 19-19-1002 - Requirement of the original.
Section 19-19-1003 - Admissibility of duplicates.
Section 19-19-1004 - Admissibility of other evidence of content.
Section 19-19-1005 - Copies of public records to prove content.
Section 19-19-1006 - Summaries to prove content.
Section 19-19-1007 - Testimony or statement of a party to prove content.
Section 19-19-1008 - Functions of the court and jury.
Section 19-19-1009 - TDD and TTY communications inadmissible as evidence.