Privileges and Public Policy

Question 1

Privileges: ACP (minus exceptions)

Answer 1

• protects confidential communications between a lawyer and a client for purposes of securing legal advice
• Held by the client - only they can waive

-Corporations - employees communicating within their duties and for securing legal advice are protected

Question 2

Privileges: ACP Exceptions

Answer 2

• Crime Fraud Exception - If ACP was used in furtherance of a crime, not privileged
• Lawyer suing client

-Work Product Doctrine: Information made in anticipation of litigation is usually protected, but not if other side shows substantial need and undue hardship. (Will always apply for lawyers mental impressions )

Question 3

Privileges: Physician Patient Privilege

Answer 3

• Same as ACP but for medical advice not legal
• Does not apply in federal courts, or if the patient is suing the doctor

Question 4

Privileges: Psychotherapist Privilege

Answer 4

• Same as ACP but for therapists
• Does not apply if it is court ordered
• applies in federal court

Question 5

Privileges: 5th amendment privilege against self incrimination

Answer 5

• Protects you from being compelled to be a witness against yourself
• Only for individuals not corporations

Question 6

Privileges: Spousal Privilege

Answer 6

• Spousal Communications - communications made between spouses is privileged + survives the marriage if divorce follows
• Spousal Immunity - If one spouse is being criminally charged, the other can refuse to testify
• Both go away if spouses are suing each other or one spouse commits a crime against the other or their kids

Question 7

Public Policy: “Proving Bad” Exceptions

Answer 7

• Liability insurance - inadmissible when offered to prove negligence or wrongdoing
• Subsequent remedial measures - inadmissible when offered to prove negligence, culpable conduct, defective product, or inadequate warning
• Settlement offers - settlement offers or statements made during settlement negotiations are inadmissible
• Offers to pay medical expenses - inadmissible to prove liability for an injury
• Statements made to negotiate a plea - inadmissible if plea withdrawn or matter proceeds to trial

Question 8

Public Policy: Rape Shield Laws (Criminal Case)

Answer 8

• Can show Victim’s past sexual history to show the source of physical evidence or to show past consent with the D.
• Can always show the D’s past sexual history in cases of rape or child molestation

Question 9

Public Policy: Rape Shield Laws (Civil Case)

Answer 9

• Can only be introduced if the probative value substantially outweighs undue prejudice