This Weeks' Topic
Privileged Information

Much of the information that we give to professionals like lawyers and doctors is personal in nature. How much of that information is confidential and protected from being introduced as evidence in a courtroom?

 

What is attorney-client privilege?

When you meet with an attorney, whether you hire that attorney or not, his lips are sealed. He can't discuss your conversation with anyone outside of his law firm.

What is the purpose of the attorney-client or a doctor-patient  privilege?

There are some things you tell you doctor that you don't want anyone else in the world to know. It’s private.  But for the professional to help you, he needs a full disclosure of all the facts ... and to encourage full disclosure, we protect that information.

Can a privilege be waived or lost?

A client has control over the privilege, so a client can voluntarily waive that right. Also, if someone else is present in the room when you talk with the doctor or attorney, it possibly is waived.

Does death end the client's right for his information to be protected?

There are cases that say that the privilege continues after a client's death.

Is there ever a situation where an attorney has a duty to disclose otherwise confidential information?

An attorneys lips are not sealed and they should contact authorities, if the information concerns imminent criminal activity or harm to others.         

What are some examples of other types of privileges?

There is a privileges for confessions to your clergy; limited privileges for journalist; the privilege between a husband and wife is slowly eroding, but exists in some circumstances.

Be completely honest with your attorney so that he can properly represent you.


Disclaimer
This information is general and may or may not apply to your situation. The information contained on this web site is not to be considered as legal advice. Since no two cases are identical, we recommend that you contact an attorney in your jurisdiction to discuss the specific facts of your case. Furthermore, since statutes and case law change so frequently and due to information provided by other sources, we make no warranty or guarantee concerning the accuracy of the content of this or any other web sites to which we link.


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