2011 South Dakota Code
Title 19 EVIDENCE
Chapter 13. Privileges
§19-13-2 (Rule 502 (a)) Lawyer-client privilege--Definition of terms.


SD Codified L § 19-13-2 (through 2011) What's This?

19-13-2. (Rule 502 (a)) Lawyer-client privilege--Definition of terms. As used in §§ 19-13-2 to 19-13-5, inclusive:

(1) A "client" is a person, 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.

Source: Supreme Court Rule 78-2, Rule 502 (a); SL 1994, ch 351, § 39.

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