Privileges Flashcards
(18 cards)
Attorney Client privilege
A confidential communication b/w a client and an attorney for purposes of obtaining or providing legal advice is privileged
If the communicator does not make a reasonable effort to keep it _______, then it will not be ?
effort; privileged
Presence of who will make communication not privileged?
unnecessary third parties
Privileged communication must have been for the ?
purposes of seeking or providing legal advice
Who holds the privilege?
The client holds the privilege and is the only one who can waive it
Waiver of attorney client privilege
-Failure to assure the privilege in a timely manner
-Voluntary disclosure of the information
-Contractual waiver
Who is the client when the client is a corporation?
Some states have a “control group” which is certain leaders of the corporation; federal courts focus on the nature of the communication
Exceptions to attorney client privilege
-Future crime or fraud
-Disputes between the lawyer and the client
Work product doctrine
Covers information prepared by a lawyer in anticipation of litigation
Work product is not subject to discovery by the other party unless that party can show?
A substantial need for the information; and that they cannot obtain the information by other means w/o undue hardship
Physician-Patient Privilege
Communications made for the purpose of getting medical advice is confidential; patient holds the privilege
Exceptions to physician patient privilege
-the advice was for reasons other than medical treatment
-the advice was party of some illegal purpose;
-a dispute exists b/w a physician and a patient
-the patient waived the privilege; or
-the case is brought in federal court
Psychotherapist-patient privilege
Recognized in federal courts and most jurisdictions; applies to confidential communications b/w a psychiatrist, psychologist, or licensed social worker and a patientE
Exceptions to psychotherapist-patient privilege
Does not apply if the communication was
-the result of a court ordered exam or
-taken as party of a commitment proceeding
Fifth amendment privilege against self incrimination
Prevents a person from being compelled to be a witness against themselves (only a natural person can assert this, not a corporation)(protects only current statements)
Confidential marital communications
Protects communications made b/w spouses in confidence in reliance on the sancity of marriage (survives after marriage and is held by both spouses)
Spousal immunity
Spouse of a criminal defendant can refuse to testify against the other spouse while married (applies to currently married spouses/covers testimony about anything)
Exceptions to spousal privileges
Neither of the spousal privileges apply when:
-one spouse is suing the other; or
-when one spouse is charged w/ a crime against the other spouse or the children of either of them
