19-13-3.   (Rule 502(b)) Client's privilege on confidential communications with lawyer. A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client:

             (1)      Between himself or his representative and his lawyer or his lawyer's representative;

             (2)      Between his lawyer and the lawyer's representative;

             (3)      By him or his representative or his lawyer or a representative of the lawyer to a lawyer or a representative of a lawyer representing another party in a pending action and concerning a matter of common interest therein;

             (4)      Between representatives of the client or between the client and a representative of the client; or

             (5)      Among lawyers and their representatives representing the same client.

Source: CCivP 1877, § 499, subdiv 1; CL 1887, § 5313, subdiv 1; RCCivP 1903, § 538, subdiv 1; RC 1919, § 2730 (1); SDC 1939 & Supp 1960, § 36.0101 (4); SDCL, § 19-2-4; Supreme Court Rule 78-2, Rule 502 (b).

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