Saint Regis Mohawk Tribe Law Library
Saint Regis Mohawk Tribal Code of Law.

2.04.210 [Rule 18] Attorney-Client Privilege

(a) "Client" a person, corporation, public officer, association, or other organization or entity, either public or private, who is rendered professional legal services by a lawyer, or who, consults with a lawyer with the view of obtaining professional legal services from the lawyer.

(b) "Lawyer" is a person authorized or reasonably believed by the client to be authorized to practice law in the relevant jurisdiction, state or nation.

(c) A communication is "confidential" if it is not intended to be disclosed to any third party.

(d) A lawyer shall not, without consent of the client, be examined as to any communication made by the client to him, or his advice given in the course of professional representation.

(e) The lawyer's staff, including secretary, clerk, stenographer, etc., shall not be examined concerning any fact or knowledge which was acquired in such capacity.

(f) Exceptions. There is no privilege under this rule where:

(1) The services sought or obtained were to enable someone in the furtherance of a crime or fraud, which the client knew or reasonably should have known to be a crime or fraud;

(2) The communication is relevant to an issue of breach of duty by the lawyer to the client, or by the client to his lawyer;

(3) The communication is relevant to a matter of common interest between two or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between any of the clients.