Evidence 61-64 Flashcards
What is the Attorney-Client Privilege?
It protects confidential communications between an Attorney and Client from disclosure if the communication:
Was confidential; AND
Made to facilitate legal services.
*The client holds the privilege.
Priority: HIGH
When does the Attorney-Client Privilege NOT apply?
When:
Legal services are sought to further a crime or fraud;
There is litigation related to the breach of duty between attorney and client; OR
Jointly represented clients are subsequently involved in a civil litigation against each other.
*CA: Privilege DOES NOT survive the client, and does not apply if the attorney believes disclosure is necessary to prevent a crime likely to result in bodily harm or death.
Priority: HIGH
What is the Physician-Patient Privilege?
It protects confidential communications between a Physician and Patient from disclosure if the communication:
Was confidential; AND
Made for the purpose of medical diagnosis or treatment.
*The patient holds the privilege (not the physician).
Priority: Low
When is the Physician-Patient Privilege recognized?
(CA vs. Federal)
CA: Recognizes the privilege
Federal Courts: DO NOT recognize the privilege
*Exception: Federal courts will recognize it when:
it’s a civil case;
a claim/defense is based on state law; AND
state law recognizes a physician-patient privilege.
Priority: Low
