Testimonial Privileges

Question 1

Privileges can be waived by (3:)

Answer 1

Failure to claim the privilege

Voluntary disclosure of privileged matter

Contractual provision waiving right to claim privilege in advance

Question 2

Atty-client privilege covers those who ppl reasonably believe are members of the bar— true/false?

Answer 2

True

Question 3

Atty-client privilege applies outside of professional legal consultation— true/false?

Answer 3

False

Question 4

Comms made to third persons like admin assistants are covered by atty-client privilege— true/false?

Answer 4

True, if necessary to transit info between atty and client

Question 5

Atty-client privilege applies even after client’s death— true/false?

Answer 5

True

Question 6

Exceptions to atty-client privilege (4):

Answer 6

Services sought to aid in planning or commission of crime/fraud

Client put legal services at issue

Relevant to breach of duty in dispute between atty and client

Communication relevant to issue between parties claiming through same deceased client

Question 7

Main exceptions to physician-patient privilege (give at least three):

Answer 7

Patient puts physical condition at issue

Physician assistance was sought to aid wrongdoing

Comm is relevant to breach of duty issue in dispute between physician and patient

Patient agreed by contract to waive privilege

Federal case applying fed law of privilege!!! (Watch out for this)

Question 8

Spousal testimonial privilege applies in criminal and civil cases— true/false?

Answer 8

False. Only criminal, if spouses are married at time of trial

Question 9

Confidential marital communications apply to both civil and criminal cases— true/false?

Answer 9

True. Communication must have been made while marital relationship existed

Question 10

When does neither marital privilege apply? (3)

Answer 10

Comms in furtherance of future joint crime or fraud

Legal actions between spouses

Spouse is charged with crime against testifying spouse or either spouse’s children