Privileges

Question 1

Attorney-Client Privilege

Answer 1

Between atty and client, and atty’s representatives, client holds privilege

Question 2

When Atty-Client Privilege Doesn’t Apply

Answer 2

Lawyer services sought for committing fraud, matter of common interest b/n two clients, relevant to breach of duty, parties claiming through the same deceased client, attested document, communication b/n a public officer and its lawyers

Question 3

Therapy Privilege

Answer 3

Held by client, extends to anyone participating in treatment, like family members, and includes social workers. Not to be used for commitment proceedings, court examination of mental, physical, and emotional condition of patient, and when the patient relies on the condition for a claim or defense in court

Question 4

Spousal Testimony Privilege

Answer 4

Only applies to criminal proceedings on the stand, and is held by the witness spouse, applies to communications made before and during the valid marriage only

Question 5

Spousal Communication Privilege

Answer 5

In a civil or criminal case, either spouse whether a party or not can refuse to disclose and prevent others from doing so confidential comms between the spouses while they were married

Question 6

Spousal Privilege Exceptions

Answer 6

Joint criminal activity, destructive of family unit, comms made to help commit crime or fraud, proceeding brought by one spouse for competence of the other, and when it would violate 6th Am. right of criminal defendant

Question 7

Clergy-Penitent

Answer 7

Held by both, must be comm to a clergyman in professional character as spiritual advisor

Question 8

Other Privileges

Answer 8

Vote, Trade Secrets, Secrets of State, Identity of Informer, Against Self-Incrimination

Question 9

Facets of Privilege

Answer 9

Waiver - Failure to raise, discloses privileged information voluntarily

5th Am can be pointed out in civil but not criminal, otherwise no judge or pros. can comment on a privilege