Privileges

Question 1

E - Privileges - Concept

Answer 1

Exclusionary rules of E to protect relations where confidentiality and disclosure to professional are essential

Question 2

E - Privileges - Required Elements (4)

Answer 2

1. Legitimate relation exists (i.e. marriage, client-attorney)
2. Confidentiality is intended - precaution against 3rd parties evesdroping
3. Holder of privilege has to assert or waive the privilege
4. Includes verbal and non-verbal communications

Question 3

E - Privileges - Holder’s assertion or waiver / when, how

Answer 3

• Assert: by holder or related professional
• Waive: once is forever
  
  • W/knowldege: only by holder by a) affirmative act (disclose info to 3rd parrty or suit against hearer of communication) OR b) omission (i.e. fail to assert when under oath)
  • Inadvertedly/by mistake disclose - if remedial actions court can hold privilege

Question 4

E - Privileges - Types (3)

Answer 4

1. Attorney-Client
2. Marital (2)
3. Physician Patient

Question 5

E - Privileges - Attorney Client - Content + Elements (4)

Answer 5

• Includes testimony, work product
• Elements:

1. Confidential communications
2. Bewteen client and attorney
3. For purpose of obtianing legal services/advice
4. Lack of waiver

Question 6

E - Privileges - Attorney Client - Exceptions to privilege (4)

Answer 6

1) Comm in furtherance of crime or fraud
2) Attorney- Client dispute
3) When doc authenticated by lawyer
4) When joint clients there is privilege btwn attorney and all clients

Question 7

E - Privileges - Marital - 2 types /what when

Answer 7

1. Privilege of confidential comms: btwn spouse during and post marriage, for civil+criminal matters. The holder is the non-testifying spouse
2. Adverse spousal testimony: prevent compelling 1 spouse to testify against the other while married

Question 8

E - Privileges - Marital - Exceptions to Privilege of Confidential Comms (4)

Answer 8

1. Lawsuit btwn spouses
2. Prosecution against other spouse
3. When competency proceeding against one of the spouses
4. Comm made in aid to plan/commit crime or fraud

Question 9

E - Privileges - Physician Patient / gral rule + SC rulings

Answer 9

NO FED GRAL RULE

• US SC: Jaffee:
  
  • there is a gral privilege
  • physician can assert it for client but not waive it
  • doesnt extend to personal injuries or malpractice actions against physician