Privileges

Question 1

What are the two marital priviles?

Answer 1

1. Spousal Tesimony
2. Marital Communications

Question 2

Can Spousal Testimony be used in criminal or civil cases?

Answer 2

Criminal

Question 3

Can Marital Communications privilege be used in criminal or civil cases?

Answer 3

Both

Question 4

Who can assert Spousal Testimony?

Answer 4

Witness spouse is the one who can choose to exercise the privilege. (Trammel v. US)

Question 5

Who can assert the Marital Communications privilege?

Answer 5

Both spouses, one spouse can’t waive it on behlf of the other.

Question 6

Does the Spousal Testimonial privilege survive the marriage?

Answer 6

No

Question 7

Does the marital communications privilege survive the marriage?

Answer 7

Yes, but it only protects communication made during the marriage.

Question 8

What are the exceptions to the Spousal Testimonial privilege?

Answer 8

Intra familiy offenses (ie domsestic violect); also does not apply if the spouses were co-conspirators in a crime

Question 9

What are the exceptions to the marital communications privilege?

Answer 9

Crime-fraud communications

Question 10

What is the marital communications privilege?

Answer 10

A person cannot be required to testify regarding confidential communications the person had with his or her spouse while they were married.

Question 11

What are the elements of attorney-client privilege?

Answer 11

1. A Communication;
2. In confidence;
3. Between a layer and client;
4. In the course of provision of professional legal services

Question 12

For the purpose of attorney-client privilege, who is considered an attorney?

Answer 12

Any person authorized, or reasonably believed by the client to be authorized, to pactice law in any state or nation.

Question 13

Does the attorney-client privilege protect the attorney’s perception of the client’s demeanor or attitude?

Answer 13

No, it only covers the communication itself.

Question 14

Does attorney-client privilege apply when there is a 3rd party in the room?

Answer 14

Generally no. The only time it would is if the 3rd person is necessary for providing legal services (ie a translator or a paralegal).

Question 15

Who has the burden of proof for attorney-client privilege?

Answer 15

The burden of proof that the privilege applies is on the party asserting the privilege.

Question 16

What is the Crime-Fraud Exeception?

Answer 16

This exception waives attorney-client privilege if the client seeks or obtains legal services for the purpose of enabling or aiding anyone to plan to commit a crime or fraude (even if the attorney is unaway).

Question 17

Who can waive attorney-client privilege?

Answer 17

The privilege belongs solely to the client and can only be waived by him. If the attorney waives it, it is with the client’s acquiesence or as the client’s agaent.

Question 18

How is attorney-client privilege waived?

Answer 18

• Sharing confidential information with a 3rd party.
• Conduct inconssistent with a desire to keep information confidential
• If the client attacks his attorney’s competence in giving legal advice.

Question 19

How broad is the waiver of attorney-client privilege?

Answer 19

A narrow disclosure can result in a borad waiver. Disclosure of something small can result in disclosure of entire communication.