Privilege

Question 1

Attorney client privilege

Answer 1

The attorney-client privilege protects confidential communication made between a client and his lawyer in the course of the legal representation.

The privilege is held by the client, and only the client can choose to waive it, not the attorney.

Question 2

Eavesdropping doctrine

Answer 2

CA rejects the eavesdropper doctrine. Allows individuals who overhear the attorney client communications to reveal them despite a desire/ objection to keep such communication confidential.

Question 3

Use of expert

Answer 3

Doesn’t waive the privilege of those experts that are used to advice or serve the client in a way that is reasonably necessary to accomplish the purpose for which lawyer is consulted.

(May disclose tests/ finding if doesn’t result in expert disclosing confidential information)

Question 4

Expert reports/ waivers

Answer 4

Reports provided at the request of attorney are generally not privileged

If expert is expected to testify based on confidential information then the privilege is waived. ( just being on witness list doesn’t waive) -

Question 5

Termination

Answer 5

In California, the attorney-client privilege ends when the client dies and his estate is entirely disposed of.

Question 6

Exceptions to AC

Answer 6

1. The communication is made to induce help in commission of a crime or fraud
2. Communities which the lawyer reasonably believes must be disclosed to prevent a criminal act which lawyers reasonably believes is likely to result in death or substantial bodily harm.
3. Parties claiming through the same deceased client for succession rights
4. Malpractice dispute better the attorney and client.

Question 7

Therapist-Patient Privilege

Answer 7

Provides patients and research subjects with a privilege to refuse to disclose and to prevent others from disclosing confidential information.

The privilege must be claimed.

Question 8

Physician- Patient privilege

Answer 8

CA, patients have a privilege to refuse to disclose and prevent others from disclosing confidential communication between patient and physician

Question 9

Spousal immunity

Answer 9

A married person may not be compelled to testify against their spouse in a criminal case. Only last while married. Communications made during marriage still be protected

FRE> only the witness spouse can invoke the privilege.

Question 10

Privilege for confidential martial communication

Answer 10

Spouses hold the privilege to refuse to disclose and to prevent another from disclosing a confidential communication made between spouse while they were married. Both spouse hold privilege.