Privileges Flashcards
1
Q
What are federal common law privileges?
A
- Attorney-client privilege
- Spousal immunity
- Privilege for confidential marital communications
- Psychotherapist/social worker-client
- Clergy-penitent
- Governmental privileges
2
Q
How is a privilege waived?
A
Failure to claim the privilege, voluntary disclosure, contractual provision
3
Q
What are the requirements of attorney-client privilege?
A
- Confidential communications
- Between attorney and client (or reps)
- Made during professional legal consultation
- Unless privilege is waived
- Extends after death
4
Q
When can attorney-client privilege not be raised?
A
When the attorney’s services were sought to aid in the planning or commission of a crime, the dispute is between attorney and client and its relevant
5
Q
Is attorney work product admissible?
A
This is discovery and is usually not subject to discovery without showing of necessity
