K.S.A. » Chapter 60

K.S.A. § 60-426

Attorney-client privilege

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60-426. Attorney-client privilege. (a) General rule. Subject to K.S.A. 60-437, and amendments thereto, and except as otherwise provided by subsection (b), communications found by the judge to have been between an attorney and such attorney's client in the course of that relationship and in professional confidence, are privileged, and a client has a privilege: (1) If such client is the witness, to refuse to disclose any such communication; (2) to prevent such client's attorney from disclosing it; and (3) 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 attorney, (ii) in a manner not reasonably to be anticipated by the client or (iii) as a result of a breach of the attorney-client relationship. The privilege may be claimed by the client in person or by such client's attorney, or if an incapacitated person, by either such person's guardian or conservator, or if deceased, by such person's personal representative.

(b) Exceptions. Such privileges shall not extend to a communication: (1) If the judge finds that sufficient evidence, aside from the communication, has been introduced to warrant a finding that the legal service was sought or obtained in order to enable or aid the commission or planning of a crime or a tort; (2) 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; (3) relevant to an issue of breach of duty by the attorney to such attorney's client, or by the client to such client's attorney; (4) relevant to an issue concerning an attested document of which the attorney is an attesting witness; or (5) relevant to a matter of common interest between two or more clients if made by any of them to an attorney whom they have retained in common when offered in an action between any of such clients.

(c) Definitions. As used in this section:

(1) "Client" means a person or corporation or other association that, directly or through an authorized representative, consults an attorney or attorney's representative for the purpose of retaining the attorney or securing legal service or advice from the attorney in a professional capacity; and includes an incapacitated person who, or whose guardian on behalf of the incapacitated person, so consults the attorney or the attorney's representative in behalf of the incapacitated person.

(2) "Communication" includes advice given by the attorney in the course of representing the client and includes disclosures of the client to a representative, associate or employee of the attorney incidental to the professional relationship.

(3) "Attorney" 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 attorney.

History: L. 1963, ch. 303, 60-426; L. 1965, ch. 354, § 7; L. 2011, ch. 96, § 2; July 1.

Notes of Decisions
Cited in 80 cases (12 in the last 5 years), 1968–2025 · leading case: State v. Gonzalez
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State v. Gonzalez (2010) kan · cites it 13× “It is found in the code of evidence at K.S.A. 60-426, which reads in pertinent part: “(a) .”
State v. Miller (2018) kan · cites it 4× “Moreover, the district court declared that "[n]o one who read the planner 42 learned [anything] new about defendant's version of the events leading up to Mary's death.”
Kannaday v. Ball (2013) ksd · cites it 6× “In Kansas, the attorney-client privilege is codified in K.S.A § 60-426. The Kansas Supreme Court has summarized the elements of the attorney-client privilege as follows: (1) Where legal advice is sought (2) from a professional legal advisor in his capacity as such, (3)…”
Spraque v. Thorn Americas, Inc. (1997) ca10 · cites it 5× “We are further persuaded that under the wording of the statutory privilege in Kansas, K.S.A. § 60-426, the Kansas courts would apply the broader rule.”
Cypress Media, Inc. v. City of Overland Park (2000) kan · cites it 7× “The City claims application of the claimed attorney-client privilege which is codified in Kansas by K.S.A. 60-426. That statute provides in applicable part: “(a) General rule.”
State v. Maxwell (1984) kanctapp · cites it 10× “K.S.A. 60-426 sets forth the attorney-client privilege and the exceptions thereto.”
In re A.H. Robins Co. (1985) ksd · cites it 10× “See K.S.A. § 60-426; see, e.g., Pritchard-Keang Nam Corp.”
Burton v. R.J. Reynolds Tobacco Co. (1996) ksd · cites it 8× “K.S.A. § 60-426(a). The defendants contend that the CTR Documents are protected by the attorney client privilege because they involve communications between themselves and their lawyers in the course of their legal relationship and in professional confidence.”
Kansas Medical Mutual Insurance v. Svaty (2010) kan · cites it 2× “60-226(c)(7) (trade secret or other confidential research, development, or commercial information), K.S.A. 60-426 (attorney-clientprivilege), K.”
Black & Veatch Corp. v. Aspen Insurance (UK) Ltd. (2014) ksd · cites it 4× “” 52 In Kansas, the attorney-client privilege is codified in K.S.A. § 60-426. The Kansas Supreme Court has summarized the elements as follows: (1) Where legal advice is sought (2) from a professional legal advisor in his capacity as such, (3) communications made in the course of…”
State v. Breazeale (1995) kanctapp · cites it 5× “This case concerns the scope of the lawyer-client privilege (K.S.A. 60-426). We are to decide whether the trial judge properly permitted defendant’s former lawyer to testify that he had communicated to defendant that defendant was to appear in court on March 8, 1984.”
Wallace, Saunders, Austin, Brown & Enochs, Chartered v. Louisburg Grain Co. (1992) kan · cites it 4× “K.S.A. 60-426 defines the attorney-client privilege, stating in part: “(a) General rule.”
Show all 80 citing cases →
— K.S.A. § 60-426(a) — 18 cases
State v. Maxwell (1984) kanctapp “K.S.A. 60-426 sets forth the attorney-client privilege and the exceptions thereto.”
Burton v. R.J. Reynolds Tobacco Co. (1996) ksd “K.S.A. § 60-426(a). The defendants contend that the CTR Documents are protected by the attorney client privilege because they involve communications between themselves and their lawyers in the course of their legal relationship and in professional confidence.”
State v. Gonzalez (2010) kan “It is found in the code of evidence at K.S.A. 60-426, which reads in pertinent part: “(a) .”
Cypress Media, Inc. v. City of Overland Park (2000) kan “The City claims application of the claimed attorney-client privilege which is codified in Kansas by K.S.A. 60-426. That statute provides in applicable part: “(a) General rule.”
Burton v. R.J. Reynolds Tobacco Co. (1997) ksd
— K.S.A. § 60-426(a)(3)(iii) — 1 case
State v. Maxwell (1984) kanctapp “K.S.A. 60-426 sets forth the attorney-client privilege and the exceptions thereto.”
— K.S.A. § 60-426(b) — 6 cases
State v. Miller (2018) kan “Moreover, the district court declared that "[n]o one who read the planner 42 learned [anything] new about defendant's version of the events leading up to Mary's death.”
Kannaday v. Ball (2013) ksd “In Kansas, the attorney-client privilege is codified in K.S.A § 60-426. The Kansas Supreme Court has summarized the elements of the attorney-client privilege as follows: (1) Where legal advice is sought (2) from a professional legal advisor in his capacity as such, (3)…”
Cypress Media, Inc. v. City of Overland Park (2000) kan “The City claims application of the claimed attorney-client privilege which is codified in Kansas by K.S.A. 60-426. That statute provides in applicable part: “(a) General rule.”
Spraque v. Thorn Americas, Inc. (1997) ca10 “We are further persuaded that under the wording of the statutory privilege in Kansas, K.S.A. § 60-426, the Kansas courts would apply the broader rule.”
Pacific Employers Insurance v. P.B. Hoidale Co. (1992) ksd
— K.S.A. § 60-426(b)(1) — 3 cases
Wallace, Saunders, Austin, Brown & Enochs, Chartered v. Louisburg Grain Co. (1992) kan “K.S.A. 60-426 defines the attorney-client privilege, stating in part: “(a) General rule.”
Burton v. R.J. Reynolds Tobacco Co. (1996) ksd “K.S.A. § 60-426(a). The defendants contend that the CTR Documents are protected by the attorney client privilege because they involve communications between themselves and their lawyers in the course of their legal relationship and in professional confidence.”
State v. Boatwright (2017) kanctapp
— K.S.A. § 60-426(b)(3) — 1 case
State v. Bland (2004) kanctapp
— K.S.A. § 60-426(b)(5) — 1 case
State v. Maxwell (1984) kanctapp “K.S.A. 60-426 sets forth the attorney-client privilege and the exceptions thereto.”
— K.S.A. § 60-426(b)(l) — 8 cases
State v. Gonzalez (2010) kan “It is found in the code of evidence at K.S.A. 60-426, which reads in pertinent part: “(a) .”
In re A.H. Robins Co. (1985) ksd “See K.S.A. § 60-426; see, e.g., Pritchard-Keang Nam Corp.”
Burton v. R.J. Reynolds Tobacco Co. (1997) ksd
Aguinaga v. John Morrell & Co. (1986) ksd
Burton v. R.J. Reynolds Tobacco Co. (1996) ksd “K.S.A. § 60-426(a). The defendants contend that the CTR Documents are protected by the attorney client privilege because they involve communications between themselves and their lawyers in the course of their legal relationship and in professional confidence.”
— K.S.A. § 60-426(c) — 6 cases
Spraque v. Thorn Americas, Inc. (1997) ca10 “We are further persuaded that under the wording of the statutory privilege in Kansas, K.S.A. § 60-426, the Kansas courts would apply the broader rule.”
Cypress Media, Inc. v. City of Overland Park (2000) kan “The City claims application of the claimed attorney-client privilege which is codified in Kansas by K.S.A. 60-426. That statute provides in applicable part: “(a) General rule.”
State v. Berberich (1999) kan
Williams v. Kopco, Inc. (1995) ksd
Pacific Employers Insurance v. P.B. Hoidale Co. (1992) ksd
— K.S.A. § 60-426(c)(1) — 4 cases
Gray v. Conner Industries, Inc. (2021) ksd
MWCB Rock Road, LLC v. C&W Facility Services Inc. (2021) ksd
Black v. Union Pacific Railroad Company (2025) ksd
Roe v. Phillips (2022) kanctapp
— K.S.A. § 60-426(c)(2) — 10 cases
State v. Breazeale (1995) kanctapp “This case concerns the scope of the lawyer-client privilege (K.S.A. 60-426). We are to decide whether the trial judge properly permitted defendant’s former lawyer to testify that he had communicated to defendant that defendant was to appear in court on March 8, 1984.”
Black & Veatch Corp. v. Aspen Insurance (UK) Ltd. (2014) ksd “” 52 In Kansas, the attorney-client privilege is codified in K.S.A. § 60-426. The Kansas Supreme Court has summarized the elements as follows: (1) Where legal advice is sought (2) from a professional legal advisor in his capacity as such, (3) communications made in the course of…”
Cypress Media, Inc. v. City of Overland Park (2000) kan “The City claims application of the claimed attorney-client privilege which is codified in Kansas by K.S.A. 60-426. That statute provides in applicable part: “(a) General rule.”
State v. Newman (1984) kan
Era Franchise Systems, Inc. v. Northern Insurance Co. of New York (1998) ksd
— K.S.A. § 60-426(c)(3) — 1 case
State v. Berberich (1999) kan
— K.S.A. § 60-426(c)(l) — 3 cases
Federal Deposit Insurance v. McAtee (1988) ksd
City of Hutchinson v. Gilmore (1992) kanctapp
Roe v. Phillips (2022) kanctapp
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