Privleges

Question 1

In civil cases (diversity actions), the privilege of a witness is determined by…

Answer 1

by state law (Erie Doctrine), b/c privilege is a matter of substantive law

Question 2

n federal question cases and criminal cases, the privilege of a witness is determined…

Answer 2

by common law (there are 4 of them)

Question 3

four “confidential communication” privileges recognized in federal courts and in all 50 states:

Answer 3

(1) attorney/client
(2) psychotherapist/patient (not doctor)
(3) clergymen/penitent
(4) spouses

Question 4

Approach: Six key privilege issues

Answer 4

(1) protected relationship—defining
(2) communication—what constitutes
(3) confidentiality—eavesdroppers, etc
(4) holder—who holds the privilege
(5) waiver—extent
(6) exceptions—when the privilege does not exist

Question 5

Attorney-Client Privilege

Answer 5

The client is the holder of the privilege, and it applies to confidential communications made for the purposes of seeking professional legal advice or services