Privileges Flashcards
1
Q
attorney client privilege: requirements
A
- client consulted w/ attorney (including attorney’s agent)
- for purpose of legal advice or help in legal capacity (not fee arrangements or client identity)
- communications are confidential
- ——reasonably think convo is confidential and can’t be overheard
- ——no 3rd parties
- ——includes common-defense agreements and communications b/n co-Ds in presence of counsel
- ——includes joint convos w/ attorney if more than 1 client
-not waived
protects client’s statements NOT attorney’s statements
2
Q
waiving attorney client privilege
A
Only client can waive
not waived when person dies
- abuses relationship to commit crime
- tells 3rd party
- accuses attorney of ineffectiveness
- makes communication material to legal dispute
- tells attorney to disclose
3
Q
who determines if there is attorney client privilege
A
- judge 104(a) determination
- to get in camera review: need factual basis adequate to support good faith belief by reasonable person that communication is not privileged
4
Q
spousal testimonial privilege
A
- spouse cant be required to testify
- doesn’t matter when/how the info was acquired
- only the spouse can invoke
- does not survive end of marriage
5
Q
spousal communications privilege requirements
A
REQUIREMENTS
- communications while they were married
- survives end of marriage
- can be asserted by either spouse
6
Q
spousal communications privilege exceptions
A
EXCEPTIONS
- civil actions b/n parties (divorce)
- prosecution for crimes committed by one spouse against other
- prosecutions re: children of either spouse
- where D offers communications b/n spouses as defense
- joint criminal activity b/n spouses
- spouse invoking privilege revealed info to 3rd party
7
Q
physician/psychotherapist-patient privilege
A
- professional and treating relationship
- statement pertinent to treatment/diagnosis
- party hasn’t put mental state/physical condition at issue
- includes test results, notes
possible exception for harm to others or himself
