Privileges Flashcards
Attorney - Client Privilege
Protects confidential communications between lawyer and client. Neither the lawyer nor the client can be compelled to testify about their conversations.
The client holds the privilege.
Can be waived or destroyed through voluntary disclosure.
Confidential
- Client must have made reasonable efforts to keep conversation confidential
- Conversations in presence of 3rd Party kills the privilege unless necessary (think translators)
- Unknown eavesdropper will not destroy privilege
Corporations
- Some courts hold the “control group” [CEO, Board of Directors] as the client
- Federal Courts look at the nature of the communication as to who holds the privilege
Exceptions
- If communication is for the purpose of acquiring legal advice on how to commit criminal act, then no privilege exists
- Disputes between the lawyer and the client
Work-Product Doctrine
Work-Product: Documents prepared by a lawyer in anticipation of litigation.
- These documents are not privileged, but are protected.
- Any work-product that shows mental impressions of the lawyer (strategy, theories, conclusions) can not be obtained by opposing party
- Opposing Party can obtain IF
- Demonstrates a substantial need for the information AND
- The documents cannot be obtained without undue hardship
Physician-Patient Privilege
[NOT Recognized on the Federal Level, most states recognize]
Privilege extends to statements made by a patient to a doctor for the purpose of obtaining medical treatment.
EXCEPTIONS
- Information for reasons aside from medical treatment
- Communications were made for an illegal purpose
- Dispute between physician and patient OR
- Patient waived privilege
Psychotherapist-Patient Privilege
Recognized in federal courts and most jurisdictions
EXCEPTIONS
- Does not apply for exams OR
- Communications taken as part of a commitment proceeding
Spousal Privilege
Protects communications made between spouses in confidence in reliance on the sanctity of marriage.
- Held by both spouses
- Spouse can refuse to reveal confidential communications
- Spouse can prevent the other from revealing the communications
- SURVIVES the marriage
Spousal Immunity
Gives a spouse the right to refuse to testify in a criminal case against the other spouse
- Must be currently married
- Covers testimony about anything
Exceptions
- One spouse is suing the other
- One spouse is charged with crime against the other/and or children is charging them
Liability Insurance - Public Policy Exclusions
Rule: Evidence that a person was or was not insured against liability is not admissible to prove negligence or wrong doing
[It can be used for other purposes, such as defendant was in control of something]
Subsequent Remedial Measures - Public Public Exclusion
Rule: Evidence of repairs or changes made after an accident is not admissible to prove negligence, culpable conduct, defective product or design, or inadequate warning.
Exception:
Can be used to prove something else (ownership/control)
Settlement Offers/Negotiations - Public Policy Exclusions
Rule: A settlement offer made by any party is not admissible to prove the validity or the amount of the disputed claim
Offers to Pay Medical Expenses - Public Policy Exception
Rule: Not admissible to prove liability for injuries
Plea Negotiations - Public Policy Exceptions
Rule: Inadmissible in both civil and criminal cases
Past Sexual Conduct - Public Policy Exceptions
Also known as Rape Shield Laws
Rule: A victim’s past sexual behavior or predisposition is not admissible in a criminal proceeding involving sexual misconduct.
[Does not apply to situations trying to prove child molestation or other child-related sex acts]
