(1) As used in this section, ‘client,’ ‘confidential communication,’ ‘law practitioner’ and ‘representative of the law practitioner’ have the meanings given those terms in ORS § 40.225.

Terms Used In Oregon Statutes 40.227

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

(2) A client has a right to privately communicate with the client’s law practitioner and representatives of the law practitioner.

(3)(a) Any evidence derived from a confidential communication that is privileged under ORS § 40.225, between a client and the client’s law practitioner or a representative of the law practitioner, is inadmissible in any proceeding to which the client is a party if the confidential communication was obtained or disclosed without the consent of the client.

(b) Paragraph (a) of this subsection does not apply to evidence offered by the client. [2019 c.169 § 1; 2023 c.72 § 34]

 

40.227 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 40 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.