Privileged communication

Even disclosure by one of the parties comes with legal limitations. There are, however, exceptions that can invalidate a privileged communication relationship. There are also various circumstances under which privileged communication can be waived , either deliberately or unintentionally. Commonly cited relationships where privileged communication exists are those between attorney and client, doctor–or therapist–and patient, and priest and parishioner. • Privileged communication protects the confidentiality of interactions between two parties, whom the law classifies as entitled to a private, protected relationship. • Some relationships that provide the protection of privileged communication include attorney-client, doctor-patient, priest-parishioner, two spouses, and (in some states) reporter-source. • If harm—or the threat of harm—to people is involved, the privileged communication protection disappears. How Privileged Communication Works In addition to attorney-client privilege and conversations with medical professionals and religious officials, privileged communications include those between two spouses, accountant, and client, and, in some states, reporters and their sources. In professional relationships, the right of protection for the communication belongs to the client, patient, or penitent. The recipient of the information must keep the communication private (unless the privilege is waived by the discloser of the information). If the recipient of the information...

All or most courts assessing deposition objections distinguish between questions focusing on: (1) the occurrence of a privileged communication; and (2) its content. Not surprisingly, that line can sometimes be hard to draw. In Jorjani v. New Jersey Institute of Technology, the court overruled objections to the following questions, because they simply sought "to elicit the fact of consultation, and if so, when the consultation occurred": "Did you discuss [plaintiff] with [your general counsel] at this time?"; "Did you seek legal advice in November of 2016, from [general counsel]?"Civ. A. No. 18-11693 (WJM), 2023 U.S. Dist. LEXIS 67501, at *12-13 (D.N.J. Apr. 18, 2023). In contrast, the court upheld an objection to the following question: "In April of 2017, were you discussing [plaintiff]’s OAQ compliance with [in-house lawyers]?" Id. at *15. Thus, the court drew the line between a privileged communication’s general subject matter (plaintiff) and more specific subject matter (plaintiff’s compliance with a regulation). Courts trying to determine such lines face a difficult task. Consider the following spectrum: "Did you talk with your lawyer about the contract?"; "Did you talk with your lawyer about the contract’s enforcement provisions?"; "Did you talk with your lawyer about paragraph 7 of the contract?"Courts probably would permit the first question, not permit the third question, and disagree about the second question. Please note that unsolicited emails and attached infor...

Every lawyer (hopefully) knows what the attorney-client privilege is. But many lawyers might have only a tenuous grasp of what the “common interest privilege” is. Because this privilege can mean the difference between producing a game-changing document and keeping that document out of an adversary’s hands, mastering the elements and nuances of this particular privilege is worth the effort. This article will examine the nuts and bolts of the common interest privilege. In doing so, this article will review some situations in which the common interest privilege is likely to arise, including some scenarios particularly pertinent to this audience, such as product defect litigation and insurance disputes. This article will also touch on some practice pointers that might help attorneys safeguard the common interest privilege and avoid potential waiver. The History of the Common Interest Privilege The common interest privilege is an extension of the attorney-client privilege. In other words, the common interest privilege is not a stand-alone privilege wholly separate and apart from the attorney-client privilege. Instead, the common interest privilege is basically an expanded version of the attorney-client privilege. As such, a quick refresher is in order. Attorney-client privilege. Readers of this article are surely familiar with the basic elements of the attorney-client privilege: confidential communications between an attorney and a client for the purpose of giving or receiving ...

Privileged communication is a legal principle that restricts certain people in positions of trust from communicating information to protect the other person. If you have watched "Law and Order" or other cop shows, you've probably seen a situation in which a priest can't be made to tell what someone told him in the confessional or that a doctor can't reveal about a patient's condition. If you think about it, if these kinds of conversations weren't privileged, no one would feel safe talking confidentially to a trusted professional. Making a confession to a priest or telling an attorney about illegal activity would not be possible. In the case of healthcare professionals, they couldn't do their jobs without confidential information from the patient or client. • Be only between the person and the professional advisor. In firms with more than one professional, the privilege extends to the other professionals (in a law firm, for example), but not to staff. • Be only to a professional acting in his or her capacity as a professional. If Karen and Sam are talking in a bar and Karen confides in Sam about her infidelity, it probably isn't privileged. • Be kept in confidence by both parties. If either party reveals the content of the communication, privilege is lost. This includes both intentional and accidental disclosure. • The person reveals the communication to others. For example, if Karen tells her best friend about the cheating, the attorney isn't the only one who knows about i...

The legal guidelines available for social workers who treat families are investigated. Definitions are provided for confidentiality and privileged communications, and ethical guidelines and case law in this area are examined. Common waivers of privileged communications and nonprivileged situations in which confidentiality may be accorded by a court are listed. The need for social workers to develop an understanding of and approach to confidentiality is addressed. Social Work is the premier journal of the social work profession. Widely read by practitioners, faculty, and students, it is the official journal of NASW and is provided to all members as a membership benefit. Social Work is dedicated to improving practice and advancing knowledge in social work and social welfare. Its articles yield new insights into established practices, evaluate new techniques and research, examine current social problems, and bring serious critical analysis to bear on problems in the profession. Major emphasis is placed on social policy and the solutions to serious human problems. Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide. OUP is the world's largest university press with the widest global presence. It currently publishes more than 6,000 new publications a year, has offices in around fifty countries, and employs more than 5,500 people worldwide. It has ...

What is a Privileged Communication? A privileged communication is a conversation between two parties that is legally classified as a private discussion. This discussion is legally protected, and so cannot be disclosed to third parties. The concept is most commonly associated with a discussion between an attorney and a client. Privileged communications can also be held between a Confidential conversations cannot be treated as privileged unless there is an applicable protective law.

In law, privileged communication may have slightly different legal definitions depending on the region in which a person lives. Generally, a privileged communication is a confidential conversation between two people where the person receiving information from someone else cannot pass it on or testify to it in a court setting. Discussions between a doctor and patient are private, or privileged. Another common type of privileged communication exists between patient and doctor. The patient-physician or patient-therapist privilege typically prevents the doctor or psychologist from disclosing confidential communications about a patient in or out of court. Like the attorney-client privilege, however, the doctor-patient privilege is not absolute. Doctors and therapists are generally empowered to disclose otherwise privileged information if that person or another person is in physical danger. Relationships between priests and their congregants are considered privileged communication. The final main category of privilege is the clergy-penitent privilege. Communications made to a member of the clergy — be it an imam, rabbi, priest or minister — in the capacity of a spiritual advisor is privileged is actually a Privileged communication may occur between an attorney and their client. The American legal system typically cites two reasons for having privileged communications at all — for practical purposes and to encourage certain relationships. The practicality argument arose out of pr...