M.R. Evid. 502

(a) Definitions. As used in this rule:

(1) A “client” is:

(A) A person;

(B) A public officer;

(C) A corporation;

(D) An association; or

(E) Any other organization or entity, public or private;

To whom a lawyer renders professional legal services, or who

consults with a lawyer with a view toward obtaining professional

legal services from the lawyer.

(2) A “representative of the client” is a person who has authority on

behalf of the client to:

(A) Obtain professional legal services; or

(B) Act on advice rendered as part of professional legal services.

(3) A “lawyer” is:

(A) A person authorized to practice law in any state or nation; or

(B) A person whom the client reasonably believes to be

authorized to practice law in any state or nation.

(4) A “representative of the lawyer” is a person who is employed by the

lawyer to assist the lawyer in the rendition of professional legal

services.

(5) A communication is “confidential” if it is made to facilitate the

provision of legal services to the client and is not intended to be

disclosed to any third party other than those to whom the client

revealed the information in the process of obtaining professional

legal services.

(b) General rule. A client has a privilege to refuse to disclose, and to prevent

any other person from disclosing, the contents of any confidential

communication:

(1) Between the client or client’s representative and the client’s lawyer

or lawyer’s representative;

(2) Between the lawyer and the lawyer’s representative;

(3) By the client, the client’s representative, the client’s lawyer, or the

lawyer’s representative to a lawyer representing another party in

that pending action concerning a matter of common interest in a

pending action;

(4) Between the client’s representatives, or between the client and his

or her representative; or

(5) Among the client’s lawyers and those lawyers’ representatives.

(c) Who may claim the privilege.

(1) The privilege may be claimed by:

(A) The client;

(B) The client’s guardian or conservator;

(C) The client’s personal representative, if the client is deceased;

or

(D) An officer, manager, trustee, or other agent authorized to act

on behalf of a legal entity—such as a corporation, limited

liability company, partnership, or trust—in legal matters or

in obtaining the services of, or communicating with, an

attorney for the entity, whether or not the entity still exists.

(2) There is a presumption that the person who was the lawyer or

lawyer’s representative at the time of the communication in

question has authority to claim the privilege on the client’s behalf.

(d) Exceptions. The lawyer-client privilege is subject to the following

exceptions:

(1) Furtherance of Crime or Fraud. The lawyer-client privilege does not

apply if the client sought or obtained the lawyer’s services to help

a person plan or commit what the client knew or reasonably should

have known was a crime or fraud.

(2) Claimants Through Same Deceased Client. The lawyer-client

privilege does not apply to any communication relevant to an issue

between parties who claim through the same deceased client.

(3) Breach of Duty by Lawyer or Client. The lawyer-client privilege does

not cover any communication relevant to an issue of the lawyer’s

breach of a duty to the client, or of the client’s breach of a duty to

the lawyer.

(4) Document Attested by Lawyer. The lawyer-client privilege does not

apply to a communication relevant to an issue about a document to

which the lawyer is an attesting witness.

(5) Joint Clients. When a communication is offered in an action

between clients who were represented jointly by the lawyer, the

lawyer-client privilege does not protect that communication if it is

relevant to a matter of common interest between clients, and if the

communication was made by any one of the clients to the lawyer

retained or consulted as part of a joint representation.

(6) Public Officer or Agency. The lawyer-client privilege does not apply

to communications between a public officer or agency and its

lawyers. However, if the court determines that disclosure will

seriously impair the public officer’s or agency’s ability to process a

claim or carry out a pending investigation, litigation, or proceeding

in the public interest, the lawyer-client privilege will apply to

communications concerning the pending investigation, claim, or

action.