what do we need for attorney client privilege
- attorney + client
- confidential communication
- for purpose of legal services
who holds the privilege in attorney client
client
what are the exceptions to attorney client
-client waived by voluntary disclosure
-communication to attorney was in furtherance of a crime
-attorney services in dispute
what are the two marital privileges
- spousal testimony privilege (don’t have to testify against spouse)
- marital communication (protects private communications between spouses in marriage)
who holds privilege in marital
- spousal testimony – usually one can waive
- marital communication – both, so both must waive
what is physician patient privilege
covers communication made in confidence to get medical care
except if physical condition is at issue
what is psychotherapist patient
same as doctor patient
what are the exceptions to psychotherapist patient
if mental is an element
some jdx have exceptions for court ordered exams, observations of child abuse, if someone’s going to hurt someone
what is work product doctrine
protects attorney’s work product made in anticipation of litigation
when can you still get an attorney’s work product
if other party has substantial need and
can’t get them any other way without substantial hardship
