Privileges

Question 1

Common Types of Privileges

Answer 1

(1) Attorney Client
(2) Doctor-patient
(3) Psychotherapist
(4) Marital communication
(5) Spousal immunity
(6) Religious
(7) Fifth Amendment

Question 2

Attorney-Client Privilege

Answer 2

(1) Generally
(a) Confidential communication
(b) Made to an attorney
(c) Attempt to procure legal advice
(2) Work-product: made in preparation of a litigation

Question 3

Exceptions and Waivers to Attorney-Client Privilege

Answer 3

(1) Intentional: voluntary and the relevant information at issue concerns the same subject matter

 (a) Quick Remedy: if unintentionally disclosed, steps taken to remedy will prevent the waiver

(2) Future Crimes: no privilege if statements made about a future crime

(3) Joint Client: two clients with the same attorney, and then involved in litigation with one another

Question 4

Exceptions to Psycho-Pat Privilege

Answer 4

(a) Statements made regarding commitment proceedings

(b) Statements dealing with court-ordered examinations

(c) When the medical condition is part of the claim

(d) Future crime or fraud

Question 5

Marital Communication Privilege

Answer 5

(1) Communication made during marriage
(2) Applies only to assertions, and not to observations
(3) Extends beyond the marriage

Question 6

Spousal Immunity

Answer 6

(1) Witness, Spouse can refuse to testify at a criminal trial

(2) Exists so long as the parties remain married

Question 7

Religious Privilege

Answer 7

(1) Made to a clergy member (Priest etc.)

(2) Made in their religious/professional capacity

(3) Made in confidence

(4) Made to obtain religious advice