Vt. Sup. Ct. Promulgation Order of June 2, 2025: VRE502

STATE OF VERMONT

VERMONT SUPREME COURT

JUNE TERM, 2025

Order Promulgating Amendments to Rule 502 of the Vermont Rules of Evidence

Pursuant to the Vermont Constitution, Chapter II, § 37, and 12 V.S.A. § 1, it is hereby ordered:

1. That Rule 502 of the Vermont Rules of Evidence be amended as follows (deleted matter

struck through; new matter underlined):

RULE 502. LAWYER-CLIENT PRIVILEGE

(a) Definitions. As used in this rule:

(1) A “client” is a person, public officer, or corporation, association, or other organization

or entity, either public or private, who is rendered professional legal services by a lawyer, and

includes one who consults or who consults a lawyer or lawyer referral and information service

with a view to obtaining professional legal services from the lawyer.

(2) A “representative of the client” is (A) a person having authority to obtain professional

legal services or act on advice rendered pursuant thereto, on behalf of the client, or (B) any other

person who, while acting in the scope of employment for the client, makes or receives a

confidential communication necessary to effectuate legal representation for the client. In the case

of a corporation, the officers and directors and those persons who have the authority to control or

substantially participate in a decision regarding action to be taken on the advice of a lawyer are

also “representatives 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 the client or the client’s

representative and the client’s lawyer or the lawyer’s representative, (2) between the lawyer and

the lawyer’s representation, (3) by the client or the client’s representative or 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, or (6) between a client and a

lawyer referral and information service for the purpose of seeking professional legal services.

(c) Who may claim the privilege. The privilege may be claimed by the client, the client’s

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 rule:

(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 transactions;

(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 the client or by the client to the lawyer;

(4) Document 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.

Reporter’s Notes—2026 Amendment

This amendment to Rule 502(a) and (b) extends an evidentiary

privilege to communications between a client and a lawyer referral

and information service made for the purpose of seeking

professional legal services. Nothing about the amendment is

intended to affect the rules of professional conduct or otherwise

define what constitutes an attorney-client relationship.

2. That this rule is prescribed and promulgated effective January 1, 2026. The Reporter’s

Notes are advisory.

3. That the Chief Justice is authorized to report this rule to the General Assembly in accordance

with the provisions of 12 V.S.A. § 1, as amended.

Dated in Chambers at Montpelier, Vermont, this 2nd day of June, 2025.

____________________________________

Paul L. Reiber, Chief Justice

____________________________________

Harold E. Eaton, Jr., Associate Justice

____________________________________

Karen R. Carroll, Associate Justice

____________________________________

William D. Cohen Associate Justice

Signed by the Vermont Supreme Court

____________________________________

Nancy J. Waples, Associate Justice