Privileges

Question 1

Privileges

Answer 1

FRE gives Courts power to establish privileges, federal courts recognize

Attorney-Client, Psychotherapist-Patient, Social Worker-Client, Spousal,

OREGON includes Doctor-Patient

Question 2

Attorney Client Privilege

Answer 2

Communication between attorney and client or their representatives, intended by client to be confidential and made to facilitate legal services.

Question 3

Attorney Client Privilege Exceptions

Answer 3

Professional services sought to further what client knew/should know to be crime or fraud.

Communication relates to alleged breach of duty between lawyer and client.

Two or more parties consult attorney, on common interest and communication is offered by one of these parties against the other.

Question 4

Attorney Client Privilege Corporations

Answer 4

Fre: Corporation authorized employee/agent to communication with attorney

Oregon: Communication by officer/director/person authorized to obtain or act upon legal services for corporation OR person for who making or receiving such communication is within scope of duty.

Question 5

Psychotherapist Client Privilege

Answer 5

Communication between psychotherapist and client, intended by client to be confidential, to facility professional services

Oregon: psychotherapist must disclose intent to injure someone or reveal child was victim

Question 6

Doctor Patient Privilege (OREGON ONLY)

Answer 6

OREGON ONLY NOT ALLOWED IN CRIMINAL CASES!!

Patient’s confidential communication to physician for purposes of obtaining diagnosis/treatment and information communicated was pertinent to treatment/diagnosis

Question 7

Doctor Patient Privilege Exceptions

Answer 7

Patient puts his physical condition at issue.

Services sought to aid in crime or fraud or escape capture after a crime or tort.

case alleging to a breach of duty arising out of physician patient relationship.

Question 8

Spousal Testimony (CRIMINAL CASES ONLY)

Answer 8

Permits witness to refuse to testify against his/her spouse as to anything .

Oregon: Only applies to matters occurring during marriage.

Witness hold power and cannot be stopped

Question 9

Spousal Confidential Communication

Answer 9

Protects spousal communication made DURING marriage and in confidence

Does not apply in:

Civil action between spouses

Criminal action, where one spouse is charged with crime against spouse or children.

If revealed to third parties/