The attorney-client privilege originated in Roman law, and
flourished under what John Adams labeled "that most excellent
monument of human art, the common of law of England." But in
America, some states articulate their key privilege in statutes,
some in rules, some in pure common law and some with a mixture of
those.
In Becker v. Baptist Health Medical Group, Inc., the
court pointed to "Article V of the Kentucky Rules of Evidence
[which] includes no provision for common law development of
testimonial privileges." No. 2022-CA-0074-MR, 2023 Ky. App.
Unpub. LEXIS 410, at *12 (Ky. Ct. App. July 7, 2023). Not
surprisingly, the court rejected a litigant's privilege claim
– pointing to this rejection of any common law expansion. The
court indicated that it would "strictly construe KRE 503 in
accordance with 'the almost universally accepted rule that the
testimonial privileges are generally disfavored and should be
strictly construed.'" Id. at *15 (citation
omitted).
