Privileges

Question 1

what do we need for attorney client privilege

Answer 1

• attorney + client
• confidential communication
• for purpose of legal services

Question 2

who holds the privilege in attorney client

Answer 2

client

Question 3

what are the exceptions to attorney client

Answer 3

-client waived by voluntary disclosure
-communication to attorney was in furtherance of a crime
-attorney services in dispute

Question 4

what are the two marital privileges

Answer 4

1. spousal testimony privilege (don’t have to testify against spouse)
2. marital communication (protects private communications between spouses in marriage)

Question 5

who holds privilege in marital

Answer 5

1. spousal testimony – usually one can waive
2. marital communication – both, so both must waive

Question 6

what is physician patient privilege

Answer 6

covers communication made in confidence to get medical care

except if physical condition is at issue

Question 7

what is psychotherapist patient

Answer 7

same as doctor patient

Question 8

what are the exceptions to psychotherapist patient

Answer 8

if mental is an element
some jdx have exceptions for court ordered exams, observations of child abuse, if someone’s going to hurt someone

Question 9

what is work product doctrine

Answer 9

protects attorney’s work product made in anticipation of litigation

Question 10

when can you still get an attorney’s work product

Answer 10

if other party has substantial need and

can’t get them any other way without substantial hardship