Privileges

Question 1

Privileges

Privileges recognized by the Federal Court

Answer 1

1. ) Attorney-Client Privilege
2. ) Psychotherapise- Patient & Social Worker-Client Privileges
3. ) Doctor- Patient Privilege (Not in FRE but in California)
4. ) Spousal Privilege
5. )

Question 2

Privileges

Attorney-Client Privilege

1. ) Definition
2. ) When is a communication from a corporation employee to the corporation’s attorney privileged?
3. ) Communications by and between what people are privileged? Personal injury action. Plaintiff’s attorney sends plaintiff to a doctor retained by the attorney to report to the attorney about plaintiff’s injuries. Are statements made by client to doctor protected by the attorney client privilege? Is doctor’s report to the attorney privileged?
4. ) Same case. Defendant testifies that, at a new year’s eve party, plaintiff shouted to his lawyer across a crowded room, “Can’t I lose this phony neck brace just for one night?” Privileged?
5. ) Same case. Defendant was speaking to his attorney on the phone and did not knowthe phone was wiretapped. Privileged?
6. ) Same case. Defendant was speaking to his attorney in the presence of the attorney’s

paralegal and an employee of the client assigned to work on this case. Privileged?

7. ) Purpose of communication must be professional legal services. Same case. Lawyer testifies he met plaintiff at a party and, when plaintiff discovered he was speaking to an attorney, plaintiff tried to get some free legal advice and asked, “Are phony medical expenses tax deductible?” Privileged?
8. ) Same case. Plaintiff interviews Lawyer and discusses the case but decides not to hire

Lawyer. Is the discussion privileged?

9.) Same case. Plaintiff hired Lawyer and then discussed case. Does the discussion remain privileged if the Plaintiff later fires Lawyer? What if Plaintiff dies?

Answer 2

1. ) A communication between attorney and client or their representatives intended by client to be confidential and made to facilitate legal services is privileged in all civil and criminal proceedings unless waived by the client.
2. ) The privilege applies to communications from employees/agents if the corporation authorized the employee/agent to communicate to the lawyer on behalf of the corporation.
3. ) yes because the doc is hired by the attorney.and intended to facilitate the moves of the lawyer.; Yes doc’s report s also prvileged.
4. ) Communication must be intended by client to be confidential. Objective standard of intent. No its not confidential
5. ) Yes.
6. ) Yes. Attorneys reps still make the communication confidential.
7. ) No. Was a social convo. Person wasn’t trying to get professional legal service
8. ) yes that discussion is privileged. Was intended to facilitate legal services.
9. ) The privilege survives. Yes to both.

Question 3

Privileges

Attorney-Client Privilege Exceptions

1. ) Exceptions. Privilege does not apply when:
2. ) Prosecution for murder. Prosecution calls defendant’s attorney who offers to testify that defendant said to him, “I just shot my parents. Should I claim insanity or self-defense?” Privileged? What if the defendant said to his attorney, “I plan to shoot my parents tomorrow. Get me a visa to South America.” Privileged?
3. ) Action for malpractice by Client against Lawyer. Client claims Lawyer committed malpractice by failing to file complaint before statute of limitations expired. Lawyer offers to testify that, as she was about to file the complaint the day before the statute of limitations expired, Client said, “I changed my mind. I don’t want to sue.” Privileged?

Answer 3

1. ) (i) professional services sought to further what client knew or should have known to be a crime or fraud, or (ii) communication relates to alleged breach of duty between lawyer and client, or (iii) two or more parties consult an attorney on a matter of common interest and the communication is offered by one of these parties against another.
2. ) Crime or fraud exception. Yes. Crime had already occured. Wasn’t talking about a future crime.
3. ) Breach of duty between lawyer and client. No privilege doesnt apply here

Question 4

Privileges

1. ) Psychotherapist-Patient & Social Worker-Client Privileges (Definition)
2. ) Doctor-patient privilege.
3. ) Information must be intended by patient to be confidential. Personal injury action. Joe testifies defendant ran the red light. Defendant wishes to show that Joe has bad eyesight. In a prior unrelated case, Joe’s attorney sent him to be examined by an eye doctor so the doctor could testify as an expert in that case. Is the information conveyed by Joe to the doctor during the eye examination privileged in the current personal injury action?
4. ) Information conveyed to doctor must be pertinent to diagnosis or treatment. Same case. Joe went to an eye doctor for medical treatment, not to get expert witness testimony. During the eye examination, Joe told doctor “I started having eye trouble when I was sent to prison for perjury.” Are the results of the eye examination privileged? Is Joe’s statement privileged?
5. ) Doctor-patient privilege (Exception)

Answer 4

1. ) A communication between psychotherapist and patient, or licensed social worker and client, intended by patient/client to be confidential and made to facilitate rendition of professional psychological services is privileged in all civil and criminal proceedings unless waived by the patient/client. Same basic rules as for Attorney-Client privilege, i.e., patient/client must have intended that communication be confidential and purpose of communication must have been to facilitate professional services.
2. ) Not in FRE but in California. A patient has a privilege to prevent disclosure of information confidentially conveyed to a physician where the patient conveyed the information for the purpose of obtaining diagnosis or treatment and the information was pertinent to diagnosis or treatment.
3. ) No because stuff told to a doctor who is going to be your expert in case is not stuff you’d tell them with the intent that it would be confidential.
4. ) Yes. This is not a doc who will testify as an expert. This is a doc who was sought out confidentially by the witness. (Relates to confidential communication and info) so lab reports as well. The second half of his ish is not pertient to treartment probably

5.) Exceptions. Privilege does not apply (i) where the patient puts his physical condition in issue, as in a personal injury suit, (ii) where physician’s services sought to aid in crime or fraud or to escape capture after a crime or tort, (iii) in case alleging breach of duty arising out of physician-patient relationship, as in a malpractice acton. Some states (including California) do not recognize the privilege in criminal cases.

Question 5

Privileges

1. ) Spousal Privileges (definition)
2. ) Murder prosecution. Defendant’s girlfriend saw defendant stab victim. While on bail, defendant and girlfriend marry. Can wife refuse to testify against defendant at trial?
3. ) Same case. Wife wants to testify against husband. Can he stop her?
4. ) Same case. Defendant was married to a different woman at time of stabbing. They are divorced at time of trial. At trial, defendant’s former wife wants to testify that, when he came home the night in question, defendant said “I stabbed a guy tonight.” Privileged?

Answer 5

1.)

• (i) Spousal testimonial privilege permits witness to refuse to testify against his/her spouse as to anything. Applies only in criminal cases.
  
  • Testimonial privilege can apply to matters occurring before or during marriage.
• (ii) Spousal confidential communication privilege protects confidential spousal communications during marriage. Applies in both criminal and civil cases.
  
  • Communication privilege applies if communication made during marriage. Both spouses own the privilege.

(For both privileges, there must be a legally valid marriage. Neither privilege applies incivil action between spouses or in criminal prosecution where one spouse is charged witha crime against the other spouse or one of their kids.)

*   2. ) Yes 3. No. Witness owns the privilege. 4. ) No it is D's privilege as well to not have her testify because they were married.