Privileges

Question 1

attorney client privilege

Answer 1

Federal and California: A communication between attorney
and client or their representatives intended by
client to be confidential and made to facilitate rendition
of professional legal services is privileged unless
waived by the client.

F - survives death of client

CA - privilege ends once estate of dead client is distributed and executor of estate is discharged

Question 2

witness who happens to be an employee

Answer 2

if you are an employee who just happens to witness the accident and write a memo, no privilege. This is because they’re not speaking on behalf of hte corporation

Question 3

attorney client privilege

Answer 3

same but exception is CA you can disclose if reasonably necessary to prevent crime tha tis likely to result in death or substnatial body harm. Note also that if he’s not asking the attorney to help, under FED attorney can do nothing

general rule
Federal and California: Privilege does not apply
where (1) professional services were sought to further
crime or fraud, or (2) two or more parties consult an
attorney on a matter of common interest and the
communication is offered by one of these parties
against another, or (3) communication relates to alleged
breach of duty between lawyer and client.

Question 4

psychotherapy patient privilege

Answer 4

California only: (1) Psychotherapist privilege does not
apply if the psychotherapist has reasonable cause
to believe that the patient is a danger to himself or
others, and that disclosure is necessary to end the
danger; (2) doctor-patient privilege does not apply in
criminal cases or to information that doctor is required
to report to a public office (e.g., gunshot wounds and
some communicable diseases).

Question 5

spousal testimonial privilege

Answer 5

Fed - applies only to straight and only in criminal cases

CA - civil and criminal and registered domestic partners and spousepartner of party is privileged to not even be called to witness stand

Question 6

spousal confidential communication privilege

Answer 6

CA also allows registered domestic partners

Federal and California: Confidential communication
privilege may apply in any case and protects confidential
spousal communications during marriage.

Question 7

other CA privileges

Answer 7

California also recognizes (1) privilege for confidential
communications between a counselor and a victim of
sexual assault or domestic violence, (2) privilege for
penitential communications between penitent and
clergy, and (3) immunity from contempt of court for
news reporter who refuses to disclose sources.