Privileges

Question 1

Broad Definition of Attorney-Client Privilege

Answer 1

Confidential communications (between attorney and client) made during professional legal consultation, which are protected from disclosure unless waived by the client.

Question 2

The Attorney-Client Privilege protects communications, but would not protect

Answer 2

objects, for example.

Question 3

A “Professional Legal Relationship” is defined as

Answer 3

a meeting with an intent by the client to establish a professional legal relationship, whether successful or not, in which predominantly legal advice is sought.

Question 4

Privilege does not apply to situations involving

Answer 4

1) Future Crime or Fraud;
2) A case where a client affirmatively puts the communication at issue as part of a claim or defense;
3) Malpractice Cases;
4) Joint parties (2 or more parties knowingly consulting the same lawyer cannot invoke privilege against one another.)

Question 5

The Physician/Psychiatrist Patient Privilege

Answer 5

Patient has a privilege against disclosure of confidential information acquired by physician/psychiatrist in professional relationship FOR THE PURPOSE OF OBTAINING TREATMENT.

Question 6

Most federal courts recognize only the

Answer 6

Psychiatrist-Patient Privilege, and decline to recognize the Physician Patient privilege.

Question 7

Elements of doctor privilege:

Answer 7

1) Patient must be seeking treatment;

2) Information acquired must be confidential and arguably necessary to facilitate professional treatment.

Question 8

The doctor privilege is waived if

Answer 8

the patient sues or defends by putting physical or mental condition in issue.

Question 9

The Husband-Wife Spousal Privilege is actually two different privileges:

Answer 9

The Spousal Immunity Privilege and the Confidential Marital Communications Privilege.

Question 10

The Spousal Immunity Privilege protects

Answer 10

one spouse from being forced to give adverse testimony against the other spouse in a CRIMINAL CASE. Requires a valid marriage at the time of trial, covers pre-marital events, and protects against any and all testimony.

Question 11

The holder of the Spousal Immunity Privilege is the

Answer 11

witness spouse, not the party spouse.

Question 12

The Confidential Marital Communications Privilege holds that

Answer 12

a husband or wife shall not be required, or without consent of other spouse, shall not be allowed to disclose a confidential communication made DURING the marriage.

Question 13

The Confidential Marital Communications Privilege requires

Answer 13

Marriage at the time of the protected communication, not at the trial.

Question 14

Only confidential communications are protected, and the privilege is held by

Answer 14

either spouse, not just witness spouse. Also covers ALL cases, Criminal and Civil.