Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2013 · Last verified August 3, 2026
In one sentenceCreates the attorney-client privilege, defining who counts as an attorney, client, and representative, listing the communications it protects, naming who may claim it, carving out exceptions like the crime-fraud exception, and setting rules for when disclosure does or doesn't waive it.
1.An "attorney" 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;
2.A "client" is a person, public officer, or corporation, association, or other organization or entity, either public or private, who consults an attorney with a view towards obtaining legal services or is rendered professional legal services by an attorney;
3.A "representative of an attorney" is one employed by the attorney to assist the attorney in the rendition of professional legal services;
a.one having authority to obtain professional legal services, or to act on advice rendered pursuant thereto, on behalf of the client, or
b.any other person who, for the purpose of effectuating legal representation for the client, makes or receives a confidential communication while acting in the scope of employment for the client; and
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.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 a representative of the client and the client's attorney or a representative of the attorney;
2.Between the attorney and a representative of the attorney;
3.By the client or a representative of the client or the client's attorney or a representative of the attorney to an attorney or a representative of an attorney 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 attorneys and their representatives representing the same client.
C.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 attorney or the attorney's representative at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the client.
1.If the services of the attorney 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.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.As to a communication relevant to an issue of breach of duty by the attorney to the client or by the client to the attorney;
4.As to a communication necessary for an attorney to defend in a legal proceeding an accusation that the attorney assisted the client in criminal or fraudulent conduct;
5.As to a communication relevant to an issue concerning an attested document to which the attorney is an attesting witness;
6.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 an attorney retained or consulted in common, when offered in an action between or among any of the clients; or
7.As to a communication between a public officer or agency and its attorney unless the communication concerns a pending investigation, claim or action and the court determines that disclosure will seriously impair the ability of the public officer or agency to process the claim or conduct a pending investigation, litigation or proceeding in the public interest.
E.A disclosure of a communication or information covered by the attorney-client privilege or the work- product doctrine does not operate as a waiver if:
2.The holder of the privilege took reasonable steps to prevent disclosure; and
3.The holder of the privilege took reasonable steps to rectify the error including, but not limited to, information falling within the scope of paragraph 4 of subsection B of Section 3226 of this title, if applicable.
F.Disclosure of a communication or information meeting the requirements of an attorney-client privilege as set forth in this section or the work-product doctrine to a governmental office, agency or political subdivision in the exercise of its regulatory, investigative, or enforcement authority does not operate as a waiver of the privilege or protection in favor of nongovernmental persons or entities. Disclosure of such information does not waive the privilege or protection of undisclosed communications on the same subject unless:
2.The disclosed and undisclosed communications or information concern the same subject matter; and
3.Due to principles of fairness, the disclosed and undisclosed communications or information should be considered together.
Amendment History
Amended by Laws 2013, c. 316, s. 1, eff. 11/1/2013.
Added by Laws 1978, SB 276, c. 285, § 502, eff. 10/1/1978; Amended by Laws 2002, HB 1939, c. 468, §32,
eff. 11/1/2002; Amended by Laws 2009, HB 1597, c. 251, §2, eff. 11/1/2009.
Plain-English Summary
Section 2502 is the most detailed privilege in the Evidence Code. Subsection A defines the players: an "attorney," a "client," a "representative of an attorney," and a "representative of the client," which includes anyone with authority to obtain legal services on the client's behalf and anyone who, while working for the client, sends or receives a confidential communication for the purpose of getting legal representation. A communication is "confidential" only if it wasn't meant to reach outsiders beyond those helping deliver or transmit the legal services.
Subsection B protects confidential communications between the client and the attorney (or their respective representatives), made to get legal services, including communications among co-counsel representing the same client and communications shared with another party's attorney on a matter of common interest. Subsection C lets the client, a guardian, a personal representative, or a successor entity claim the privilege, and presumes the attorney had authority to claim it on the client's behalf.
Subsection D lists seven situations where the privilege doesn't apply at all -- most notably the crime-fraud exception, plus disputes between parties claiming through the same deceased client, disputes over the attorney's own duty to the client, and communications with a public officer or agency's attorney about a matter the court finds a compelling interest in disclosing. Subsections E and F, added by later amendment, protect against waiver: an inadvertent disclosure doesn't waive the privilege if the holder took reasonable steps to prevent it and then to fix the error, and disclosure to a government regulator in an investigation doesn't waive protection for undisclosed communications on the same subject unless the waiver was intentional and fairness calls for treating the communications together -- provisions that track the non-waiver protections Congress built into Federal Rule of Evidence 502 for inadvertent disclosures and disclosures to regulators.
Frequently Asked Questions
What makes a communication protected by Oklahoma's attorney-client privilege?
Under Section 2502(B), it must be confidential and made for the purpose of getting professional legal services, between the client (or a representative) and the attorney (or a representative), or among attorneys representing the same client.
Who can claim the attorney-client privilege?
Subsection C lets the client, the client's guardian or conservator, a deceased client's personal representative, or a successor or trustee of an organization claim it; the attorney is presumed to have authority to claim it on the client's behalf.
Is there a crime-fraud exception to Oklahoma's attorney-client privilege?
Yes. Subsection D(1) removes the privilege if the client sought the attorney's services to commit or plan a crime or fraud the client knew or reasonably should have known about.
Does accidentally disclosing a privileged document waive the privilege?
Not necessarily. Subsection E preserves the privilege for an inadvertent disclosure if the holder took reasonable steps to prevent it and reasonable steps to rectify the error.
Does giving privileged material to a government regulator waive it for everyone else?
Generally no. Subsection F says disclosure to a governmental office, agency, or political subdivision exercising regulatory, investigative, or enforcement authority doesn't waive the privilege as to nongovernmental persons or entities, absent an intentional waiver on the same subject matter.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:oklahoma attorney client privilege statute12 O.S. § 2502attorney client privilege exceptions oklahomainadvertent disclosure privilege waiver oklahoma