Privilege

Question 1

Fed common law privileges

Answer 1

attorney-client, physician, patient, psychotherapist/social worker-client, spousal

Question 2

attorney-client privilege elements

Answer 2

confidential communication + between attorney and client + for purpose of legal services

Question 3

attorney client privilege exceptions

Answer 3

-joint clients with common interest who sue each other
-attorney services sought to aid crime or fraud
-client puts legal services at issue (e.g., misconduct allegation)
-dispute between an attorney and a client or the client’s decedents regarding the client
-voluntarily disclosed material

Question 4

Spousal immunity

Answer 4

-Prevents defendants spouse from testifying against defendant in a criminal case
-Prevents spouse A from testifying against spouse B’s interests in any criminal proceeding, whether or not they are criminal defendants
-Only functions if spouses are married at the time of testimony
-The witness-spouse holds the privilege

Question 5

confidential marital communications

Answer 5

-civil and criminal cases
-either spouse can claim privilege
-applies to any confidential communication made during marriage
-exceptions:
joint crime/fraud,
legal actions between spouses, spouse charged with crime against other spouse or children

Question 6

psychotherapist/social worker privilege

Answer 6

-like attorney-client privilege
-exception: patient puts mental condition at issue (e.g., insanity, defense)