Page 397 - Trump Executive Orders 2017-2021

10100 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

( 4) prevent another from being a witness or disclosing any matter or producing any object
or writing.
(c) The term "person" includes an appropriate representative of the Federal Government, a State,
or political subdivision thereof, or any other entity claiming to be the holder of a p1ivilege.
(d) Notwithstanding any other provision of these rules, information not otherwise privileged
does not become privileged on the basis that it was acquired by a medical officer or civilian
physician in a professional capacity.

Rule 502. Lawyer-client privilege
(a) General Rule. 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 lawyer or the lawyer's
representative;
(2) between the lawyer and the lawyer's representative;
(3) by the client or the client's lawyer to a lawyer representing another in a matter of
common interest;
(4) between representatives of the client or between the client and a representative of the
client; or
(5) between lawyers representing the client
(b) Definitions. As used in this rule:
(1) "Client" means a person, public oftlcer, corporation, association, organization, or
other entity, either public or private, who receives professional legal services from a lawyer, or
who consults a lawyer with a view to obtaining professional legal services from the lawyer.
(2) "Lawyer" means a person authorized, or reasonably believed by the client to be
authorized, to practice law; or a member of the Armed Forces detailed, assigned, or othenvise
provided to represent a person in a court-martial case or in any military investigation or
proceeding. The term "lawyer" does not include a member of the Armed Forces serving in a
capacity other than as a judge advocate, legal officer, or law specialist as defined in Article 1,
unless the member:
(A) is detailed, assigned, or otherwise provided to represent a person in a court-
martial case or in any military investigation or proceeding;
(B) is authorized by the Armed Forces, or reasonably believed by the client to be
authorized, to render professional legal services to members of the Armed Forces; or
(C) is authorized to practice law and renders professional legal services during
off-duty employment.
(3) "Lawyer's representative" means a person employed by or assigned to assist a lawyer
in providing professional legal services.
( 4) A communication is "confidential" if not intended to be disclosed to third persons
other than those to whom disclosure is in furtherance of the rendition of professional legal
services to the client or those reasonably necessary for the transmission of the communication.
(c) Who May Claim the Privilege. The privilege may be claimed by the client, the guardian or
conservator of the client, 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 lawyer or the lawyer's representative who received the communication may
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