Privileges and Policy Exclusions

Question 1

When is confidential communication privilege destroyed?

Answer 1

When overhead UNL (1) no knowledge of 3d pty presence OR (2) 3d pty needed to assist in communication

Question 2

When is confidential communication privilege waived?

Answer 2

1. Fails to timely assert
2. Voluntarily discloses communication, OR
3. Contractually waives it in advance

Question 3

What types of federally protected communication privileges are there?

Answer 3

1. Spousal privilege - (a) spousal immunity, (b) confidential marital communications
2. Attorney-client privilege
3. Therapist-client privilege
4. 5A Self-Incrimination

Question 4

What types of other communication privileges are there?

Answer 4

1. Physician-patient privilege
2. Clergy-penitent
3. Accountant-client,
4. Journalist
5. Government - (a) ID of informant, (b) official information

Question 5

What communications are privileged as a matter of public policy?

Answer 5

1. Subsequent remedial measures
2. Compromise offers and negotiations
3. Evidence of payment, offers, promise to pay medical expenses
4. Plea negotiations
5. Liability insurance
6. Sexual conduct