D. Privileges

Question 1

When will Spousal Privilege apply?*

Answer 1

1) Confidential communication from Spouse A to Spouse B
- Oral/Written/Tape-recorded
- Induced by marital relationship
- Made in confidence
- UNLESS known presence of welcomed TP (NOT eavesdropper)

2) During marriage
3) Civil/Criminal proceedings

UNLESS Other Spouse consents

Question 2

When will Attorney-Client privilege apply?

Answer 2

1) Client communications with Lawyer in confidence
- Whether or NOT transmitted/in presence of Lawyer’s employee (secretary/law clerk)

2) Related to purpose of seeking legal advice/services in course of professional relationship

UNLESS Client waives privilege

Question 3

When will Physician-Patient privilege apply?*

Answer 3

1) Info communicated by Patient + obtained from observing Patient
- Contained in Patient’s medical files
- Contained in Patient’s expert testimony (to be used at trial)
- UNLESS obvious to laymen

2) Acquired by either;
- Physician
- Nurse
- Dentist
- Podiatrist
- Chiropractor

3) Attending Patient + necessary to allow Physician to act in professional capacity

UNLESS Patient waives privilege

UNLESS medical conditions for which damages are sought (impliedly waived by Plaintiff)

Question 4

What type of communications are NOT protected by Physician-Patient privilege?*

Answer 4

Info re accident;

1) Communicated by Personal Injury Plaintiff to Medical Professional
2) NOT related to treatment/diagnosis

Psychologist-Patient comms

• NOT protected by Physician-Patient privilege
• Protected by Attorney-Client privilege

Question 5

When may Witness refuse to testify to self-incriminating facts?

Answer 5

Specific qs which W believes would require incriminating answers

UNLESS exposure to civil liability => Must testify