Privileges Flashcards
In federal diversity actions, what defines the scope of privileges available to a witness in a civil case?
State law
In federal questionand criminal actions,whatdefinesthescope of privileges available to a witness?
Federal common law
Unless as provided by statute, what privileges can a person never assert?
The privilege to refuse to:
- Be a witness
- Disclose a matter
- Produce any object or writing
What are the four communication privileges recognized in federal courts and in all 50 states?
- Attorney - Client
- Psychotherapist - Client
- Clergy - Penament
- Husband - Wife
What are the steps to analyzing a privileges issue?
Excluding evidence by way of privilege only occurs if:
Step 1: The persons in the conversation must be in a protected relationship
Step 2: A communication must have occurred
Step 3: The communication must be made with the intent of confidentiality
Step 4: Only the holder of the privilege can assert the privilege
Step 5: The holder did not waive the privilege at any point
Step 6: No exceptions to the privilege apply
In the attorney-client privilege, who is theholderand what isprotected?
Holder: Client
Protected:
Communications made for the purpose of seeking professional legal advice or services
And
Work product prepared in anticipation of litigation
≠ observations
More Info: Attorney-Client Privilege
What is the scope of persons the attorney-client privilege can apply to?
Anyone who is assisting and furthering the representation, including paralegals, secretaries, and doctors making physical exams.
How is attorney-client destroyed?
When the parties are aware that someone is listening to the conversation
Who qualifies as the client in attorney-client privilege?
Any person or entity who is seeking legal services or is consulting with the possibility of obtaining legal services
Who is a lawyer for attorney-client privilege?
Anyone who is reasonably believed by the client to engage in the practice of law
Who can claim privilege in the attorney-client privilege?
The client or the lawyer on the client’s behalf
What is the consequence of a failure to assert a privilege when a privilege applies to a piece of evidence?
The privilege is waived as to whatever information was objectionable.
In what unique client circumstances is there not attorney-client privilege?
- Client is planning a future crime and fraud
- When a client sues attorney
- Joint Clients, meaning where two clients hire the same attorney and are then involved in litigation between each other
Are fee arrangements privileged information?
No
What is the duration of the attorney client privilege?
Infinite, going beyond the client’s death