New Jersey § 2a:84a-20

§ 2a:84a-20.

Rule 26. 1 (1) General rule. Subject to Rule 37 2 and except as otherwise provided by paragraph 2 of this rule communications between

a lawyer and his client in the course of that relationship and in professional confidence,

are privileged, and a client has a privilege (a) to refuse to disclose any such communication,

and (b) to prevent his lawyer from disclosing it, and (c) to prevent any other witness

from disclosing such communication if it came to the knowledge of such witness (i)

in the course of its transmittal between the client and the lawyer, or (ii) in a manner

not reasonably to be anticipated, or (iii) as a result of a breach of the lawyer-client

relationship, or (iv) in the course of a recognized confidential or privileged communication

between the client and such witness. The privilege shall be claimed by the lawyer unless otherwise instructed by the

client or his representative; the privilege may be claimed by the client in person,

or if the client is incapacitated or deceased, by his guardian or personal representative. Where a corporation or association is the client having the privilege and it has

been dissolved, the privilege may be claimed by its successors, assigns , or trustees in dissolution. (2) Exceptions. Such privilege shall not extend (a) to a communication in the course of legal service

sought or obtained in aid of the commission of a crime or a fraud, or (b) to a communication

relevant to an issue between parties all of whom claim through the client, regardless

of whether the respective claims are by testate or intestate succession or by inter

vivos transaction, or (c) to a communication relevant to an issue of breach of duty

by the lawyer to his client, or by the client to his lawyer. Where 2 or more persons have employed a lawyer to act for them in common, none of

them can assert such privilege as against the others as to communications with respect

to that matter. (3) Definitions. As used in this rule (a) “ client ” means a person or corporation or other association that, directly or through an

authorized representative, consults a lawyer or the lawyer's representative for the

purpose of retaining the lawyer or securing legal service or advice from him in his

professional capacity; and includes a person who is incapacitated whose guardian so consults the lawyer or the lawyer's representative on behalf of the person who is incapacitated , (b) “ lawyer ” means a person authorized, or reasonably believed by the client to be authorized

to practice law in any State or nation the law of which recognizes a privilege against

disclosure of confidential communications between client and lawyer. A communication made in the course of the relationship between lawyer and client shall be presumed to have been made in professional

confidence unless knowingly made within the hearing of some person whose presence

nullified the privilege. 1

See, now, N.J.R.E. 504. 2

See, now, N.J.R.E. 530.