Testimonial Privileges Flashcards
What are the 6 types of testimonial privileges recognized by the FRE?
1) Attorney-Client Privilege
2) Spousal Immunity
3) Confidential Marital Communications Privilege
4) Psychotherapist-Patient Privilege
5) Clergy-Penitent Privilege
6) Governmental Privileges
T/F: In general, if a person asserting privilege was not negligent in making a statement he is claiming privilege over, the presence of an unknown eavesdropper negates privilege.
False. Privilege survives.
When does attorney-client privilege begin?
When a client seeks the professional services of the attorney at the time of communication. This covers information disclosed to the attorney even before the attorney accepts the case.
T/F: A corporate client is not covered by attorney-client privilege.
False.
T/F: Attorney-client privilege applies to communications made between the attorney and the client only.
False. Attorney client privilege may apply to communications made between the attorney or the client’s agents. This includes a doctor who examines the client upon the attorney’s request.
Who may waive the privilege: attorney or client or both?
The client and the client alone.
T/F: attorney client privilege ends upon the client’s death.
False. Attorney client privilege applies indefinitely.
When does attorney-client privilege not apply? (3 situations)
1) When communication concerns something client should have known is a crime
2) When communication concerns something both parties are claiming through the same decedent
3) When communication concerns something relevant to dispute between attorney and client or when client has put legal services in issue.
When a client voluntarily waives privilege over work product, the waiver is effective only as to the disclosed material, unless _________.
Disclosed material relates to undisclosed material as the same subject matter and it would be unfair to not disclose the other undisclosed part.
T/F: The psychotherapist/social worker privilege operates in the same way as attorney client privilege.
True.
What is spousal immunity, who holds it, and when does it apply?
One spouse cannot be compelled to testify against the other spouse in any CRIMINAL proceeding.
Only the witness spouse can invoke and waive the immunity.
The immunity can be claimed only if there is a marital relationship but covers information learned BEFORE and during the marriage.
What is the confidential marital communications privilege, who holds it, and when does it apply?
Communications made in reliance on the intimacy of marital relationship are privileged. Applies to BOTH criminal and civil proceedings.
Both spouses hold the privilege. No unilateral waiver.
The privilege survives divorce but only covers communications made during the marriage.
