Massachusetts Guide to Evidence 2025 Edition MA R EVID § 502

(1) A “client” is a person, public officer, or corporation, association, or other entity, either public or private, who is rendered professional legal services by an attorney, or who consults an attorney with a view to obtaining professional legal services.

(2) A “representative of the client” may include the client's agent or employee.

(3) An “attorney” is a person who is authorized to practice law.

(4) A “representative of the attorney” is one used by the attorney to assist the attorney in providing professional legal services.

(5) A communication is “confidential” if it is not intended to be disclosed to third persons other than those to whom disclosure is made to obtain or provide professional legal services to the client, and those reasonably necessary for the transmission of the communication.

(1) between the client or the client's representative and the client's attorney or the attorney's representative,

(2) between the client's attorney and the attorney's representative,

(3) between those involved in a joint defense,

(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.

(1)Furtherance of Crime or Fraud. If the services of the attorney were sought or obtained to commit or to plan to commit what the client knew or reasonably should have known was 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 transaction;

(3)Breach of Duty or Obligation. As to a communication relevant to an issue of breach of duty between an attorney and client;

(4)Document Attested by an Attorney. As to a communication relevant to an issue concerning an attested document to which the attorney 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 one of them to an attorney retained or consulted in common, when offered in an action between or among any of the clients; or

(6)Public Officer or Agency. [Privilege not recognized]