Except as may be provided by statute, the existence and application of the attorney -client privilege in Virginia, and the exceptions thereto, are governed by the principles of com m on la w as interpreted by the courts of the Commonwealth in the light of reason and experience.
Rule 2:502.ATTORNEY-CLIENT PRIVILEGE.
Part Two: Virginia Rules of Evidence · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 2:502 leaves the attorney-client privilege, including its exceptions, to be defined by Virginia common law as interpreted by Virginia courts in light of reason and experience, except where a statute provides otherwise.
Full Text of Rule 2:502
Plain-English Summary
Rule 2:502 does for the attorney-client privilege what Rule 2:501 does for privilege generally, applied to the specific privilege that most litigators encounter most often. The Rules of Evidence do not spell out the elements of the privilege, when it attaches, or what breaks it. Instead, except where a statute provides otherwise, the existence and application of the attorney-client privilege — and its exceptions — are governed by common-law principles as interpreted by Virginia’s courts in light of reason and experience.
That choice keeps the privilege flexible rather than locking it into a fixed statutory formula. Virginia courts continue to work out, through case law, questions like when a communication is made in confidence for the purpose of seeking legal advice, whether the privilege survives a client’s death, how it applies to communications involving corporate employees, and what exceptions — such as the crime-fraud exception — cut through it. Rule 2:502 tells you where to look for those answers: not in the text of the rule itself, but in the body of Virginia common law the rule incorporates by reference.
Frequently Asked Questions
Does Rule 2:502 define what the attorney-client privilege covers?
No. The rule does not state the elements of the privilege itself; it directs that the existence and application of the attorney-client privilege, and its exceptions, are governed by Virginia common law as interpreted by Virginia’s courts.
Are there exceptions to the attorney-client privilege in Virginia?
Yes. Rule 2:502 states that the exceptions to the privilege, along with the privilege itself, are governed by common-law principles rather than listed in the rule’s text.
Can a statute change how the attorney-client privilege works in Virginia?
Yes. Rule 2:502 applies “except as may be provided by statute,” meaning a specific statute can supersede the common-law approach for particular circumstances.
Why doesn’t Virginia’s evidence code just write out the attorney-client privilege rule directly?
Rule 2:502 preserves the common law’s flexibility, letting courts apply the privilege using reasoned, case-by-case judgment developed over time, rather than fixing every scenario — like corporate communications or the privilege’s limits after a client’s death — into rigid statutory text.
Where do Virginia courts look to resolve a dispute over the attorney-client privilege?
To the body of Virginia common law interpreting the privilege, since Rule 2:502 incorporates that case law as the governing standard rather than supplying its own substantive test.
Amendment History
Adopted and promulgated by Order dated June 1, 2012; effectiv e July 1, 2012. Last amended by Order dated November 13, 2020; effective July 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
Also known as: attorney client privilege virginiaexceptions to attorney client privilege virginiadoes virginia have a statutory attorney client privilege rulecommon law attorney client privilege virginia