testimonial privileges

Question 1

federal court recognized testimonial privileges

Answer 1

1) attorney-client
2) clergy-penitent
3) spousal
4) marital communications
5) psychotherapist/social worker-patient
6) governmental

NOT FRE RULES

Question 2

attorney-client privilege protected communications

Answer 2

to be protected, a communication must be:
1) intended to be confidential and
2) made to facilitate legal services

Question 3

attorney-client privilege exceptions

Answer 3

privilege does not apply to
1) crime or fraud
2) attorney defending malpractice claim

Question 4

physician-patient privilege

Answer 4

communication is protected if it is:
1) made for purposes of obtaining diagnosis/treatment
2) pertinent to diagnosis/treatment and
3) intended by patient to be confidential

Question 5

physician-patient privilege exceptions

Answer 5

privilege does not apply where:
1) patient’s condition is a legal issue (e.g. personal injury)
2) physician’s services were sought to aid in a crime, tort, or to escape capture or
3) dispute between doctor and patient (e.g., malpractice)

Question 6

psychotherapist/social worker-patient privilege

Answer 6

material is privileged if:
1) client intends communication to be confidential and
2) communication is made to facilitate therapy or social work

Question 7

spousal testimonial privilege

Answer 7

criminal cases ONLY

a person whose spouse is a D in a criminal case cannot be:
1) called as a witness by the prosecution
2) compelled to testify against his spouse in a criminal proceeding

only witness spouse may invoke the privilege

Question 8

marital communications privilege

Answer 8

civil AND criminal

confidential communications made during marriage are privileged; either spouse may invoke

Question 9

marital communications privilege exceptions

Answer 9

privilege does not apply:
1) suits between spouses
2) suits in which one spouse is charged with a crime/tort against children
3) suits in which spouses are co-defendants