Rule 2:502. Attorney-client Privilege

LibraryA Guide to the Rules of Evidence in Virginia (Virginia CLE) (2021 Ed.)

Rule 2:502. ATTORNEY-CLIENT PRIVILEGE

Except as may be provided by statute, the existence and application of the attorney-client privilege in Virginia, and the exceptions thereto, shall be governed by the principles of common law as interpreted by the courts of the Commonwealth in the light of reason and experience.

NOTES

The general attorney-client privilege has not been codified in Virginia. Rather, it is governed by common law. See generally Parker v. Carter, 18 Va. (4 Munf.) 273 (1814). The privilege follows the traditional model protecting confidential statements between lawyer and client. Cook v. Hayden, 183 Va. 203 (1944); Sevachko v. Commonwealth, 35 Va. App. 346 (2001); see Via v. Commonwealth, 42 Va. App. 164 (2004) (discussing "indispensability" of the agent of the attorney).

There are several statements of the scope of the privilege. See, e.g., Walton v. Mid-Atlantic Spine Specialists, P.C., 280 Va. 113 (2010)...

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