Kansas Statutes Annotated
K.S.A. § 60-437 (2026)
Waiver of privilege by contract or previous disclosure
✓ current as of May 2026
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60-437. Waiver of privilege by contract or previous disclosure. A person who would otherwise have a privilege to refuse to disclose or to prevent another from disclosing a specified matter has no such privilege with respect to that matter if the judge finds that such person or any other person while the holder of the privilege has (a) contracted with a party against whom the privilege is claimed that he or she would not claim the privilege or, (b) without coercion, or without any trickery, deception, or fraud practiced against him or her, and with knowledge of the privilege, made disclosure of any part of the matter or consented to such a disclosure made by anyone.
History: L. 1963, ch. 303, 60-437; January 1, 1964.
Notes of Decisions
Cited in 38
cases (2 in the last 5 years), 1966–2022 · leading case: State Ex Rel. Stovall v. Meneley, 22 P.3d 124 (Kan. 2001).
State Ex Rel. Stovall v. Meneley, 22 P.3d 124 (Kan. 2001). “60-437, and except as otherwise provided by subsection (b) of this section],] communications found by the judge to have been between lawyer and his or her client in the course of that relationship and in professional confidence, are privileged, and a client has a privilege (1)…”
Spraque v. Thorn Americas, Inc., 129 F.3d 1355 (10th Cir. 1997). “K.S.A. § 60-437. Here no such waiver satisfying the Kansas requirements is shown.”
Cypress Media, Inc. v. City of Overland Park, 997 P.2d 681 (Kan. 2000). “Subject to K.S.A. 60-437, and except as otherwise provided by subsection (b) of this section communications found by the judge to have been between lawyer and his or her client in the course of that relationship and in professional confidence, are privileged, and a client has a…”
State v. Gibson, 466 P.3d 919 (Kan. 2020). “The district court ruled based on K.S.A. 60-437. It provides: "A person who would otherwise have a privilege to refuse to disclose or to prevent another from disclosing a specified matter has no such privilege with respect to that matter if the judge finds that such person or…”
Herbstreith v. De Bakker, 815 P.2d 102 (Kan. 1991). “65-4915(b) and waiver of the privilege under K.S.A. 60-437, and (3) the directed verdict for St.”
Commonwealth v. McBurrows, 779 A.2d 509 (Pa. Super. Ct. 2001). “60-428(a) and K.S.A. 60-437 was limited to information directly and intentionally conveyed by words or included information derived by one spouse from observation of the acts of the other.”
State v. Gonzalez, 234 P.3d 1 (Kan. 2010). “The attorney-client privilege protecting the communications of the former client to McKinnon or her subordinate was and is intact in this case, absent waiver or a contractual agreement not to claim the privilege.”
State v. Green, 867 P.2d 366 (Kan. 1994). “60-423 and K.S.A. 60-437, every natural person has a privilege, which he or she may claim, to refuse to disclose in an action or to a public official of this state or the United States or any other state or any governmental agency or division thereof any matter that will…”
Sec. & Exch. Comm'n v. McNaul, 277 F.R.D. 439 (D. Kan. 2011). “” See Kan. Stat. Ann. § 60-437 (2010). 3 However, waiver of privilege may be founded on delay or inaction in asserting a known right, such as the case at hand.”
State v. Spears, 788 P.2d 261 (Kan. 1990). “Subject to K.S.A. 60-437, and except as otherwise provided by subsection (b) of this section communications found by the judge to have been between lawyer and his or her client in the course of that relationship and in professional confidence, are privileged, and a client has a…”
State v. Johnson-Howell, 881 P.2d 1288 (Kan. 1994). “60-423 and K.S.A. 60-437, every natural person has a privilege, which he or she may claim, to refuse to disclose in an action or to a public official of this state or the United States or any other state or any governmental agency or division thereof any matter that will…”
Adams v. St. Francis Reg'l Med. Ctr., 955 P.2d 1169 (Kan. 1998). “65-4915(b) provides: "Except as provided by K.S.A. 60-437 and amendments thereto and by subsections (c) and (d), the reports, statements, memoranda, proceedings, findings and other records submitted to or generated by peer review committees or officers shall be privileged and…”
— K.S.A. § 60-437(a) — 1 case
State v. Gonzalez, 234 P.3d 1 (Kan. 2010). “The attorney-client privilege protecting the communications of the former client to McKinnon or her subordinate was and is intact in this case, absent waiver or a contractual agreement not to claim the privilege.”
— K.S.A. § 60-437(b) — 3 cases
State v. Gibson, 466 P.3d 919 (Kan. 2020). “The district court ruled based on K.S.A. 60-437. It provides: "A person who would otherwise have a privilege to refuse to disclose or to prevent another from disclosing a specified matter has no such privilege with respect to that matter if the judge finds that such person or…”
Cypress Media, Inc. v. City of Overland Park, 997 P.2d 681 (Kan. 2000). “Subject to K.S.A. 60-437, and except as otherwise provided by subsection (b) of this section communications found by the judge to have been between lawyer and his or her client in the course of that relationship and in professional confidence, are privileged, and a client has a…”
State v. Johnson-Howell, 881 P.2d 1288 (Kan. 1994). “60-423 and K.S.A. 60-437, every natural person has a privilege, which he or she may claim, to refuse to disclose in an action or to a public official of this state or the United States or any other state or any governmental agency or division thereof any matter that will…”
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