Privileges Flashcards
Attorney-Client Privilege
Protects a CONFIDENTIAL COMMUNICATION between a client and a lawyer if the communication was for purposes of securing LEGAL ADVICE
Who Holds the Attorney-Client Privilege?
The client
Can choose to waive the privilege
Attorney-Client Privilege for Corporate Client
A communication made by an employee about matters within the scope of employment for purposes of seeking legal advice is privileged even if the employee is not a member of the control group
Exceptions to Attorney-Client Privilege
(1) Future CRIME or FRAUD
(2) DISPUTES between lawyer and client
Work-Product Doctrine
Protects DOCUMENTS prepared by a lawyer in ANTICIPATION OF LITIGATION
When Can Work-Product Documents Be Obtained By Adverse Party?
(1) Party must have a SUBSTANTIAL NEED; and
(2) Show it cannot be obtained without UNDUE HARDSHIP
Physician-Patient Privilege
Statements made by a patient to a doctor for the purpose of obtaining medical treatment
Not recognized under federal law
Psychotherapist-Patient Privilege
Confidential communications between a patient and a psychiatrist, psychologist, or licensed social worker for the purpose of treatment
Fifth Amendment Protection Against Self-Incrimination
Prevents a natural person from being required to give incriminating testimony against himself
Spousal Privileges
2
(1) Confidential Marital Communications
(2) Spousal Immunity
Spousal Privilege: Confidential Marital Communications
Protects communications made between spouses in confidence in reliance on the sanctity of marriage
Held by BOTH spouses
Survives after marriage
Spousal Privilege: Spousal Immunity
Gives a spouse the right to refuse to testify in a criminal case against other spouse
Covers testimony about ANYTHING, whether before or during marriage, but only applies while
married to the person
Held by witness spouse and can be waived
