Also known as: privileged communication · privileged comms · attorney-client privilege · evidentiary privilege
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An evidentiary protection that shields confidential communications between a client and attorney or between a patient and psychotherapist from compelled disclosure in litigation. The protection applies when the communication occurs in the course of obtaining legal or therapeutic advice and the parties intend confidentiality. It survives the death of the client and extends to all corporate employees when directed by superiors for the purpose of securing legal advice.
An evidentiary protection that shields confidential communications between a client and attorney or between a patient and psychotherapist from compelled disclosure in litigation. The protection applies when the communication occurs in the course of obtaining legal or therapeutic advice and the parties intend confidentiality. It survives the death of the client and extends to all corporate employees when directed by superiors for the purpose of securing legal advice.
Piper Patel left her firm to join a competitor. Her former firm needed to check for conflicts involving a client she had represented. The managing partner disclosed only the minimum client names required to run the check. The disclosure did not reveal any substantive advice or strategy details.
A defense in defamation actions that protects statements made on occasions where the speaker has a duty or interest to communicate information to recipients who share a corresponding duty or interest. The defense requires the defendant to prove the circumstances giving rise to the privilege. Once established, the plaintiff must prove abuse such as excessive publication or improper motive to overcome it.
The defendant must prove the facts establishing the privilege. Once the privilege is shown, the plaintiff must prove abuse such as excessive publication or improper motive.
A defense in defamation actions that protects statements made on occasions where the speaker has a duty or interest to communicate information to recipients who share a corresponding duty or interest. The defense requires the defendant to prove the circumstances giving rise to the privilege. Once established, the plaintiff must prove abuse such as excessive publication or improper motive to overcome it.
Each sense below has its own examples, sources, and questions.
Parker Phillips's lawyer prepared memoranda summarizing interviews with three potential witnesses after the complaint was filed. The opposing party sought the memoranda during discovery. The court denied the request because the memoranda reflected the lawyer's mental impressions prepared in anticipation of litigation under the work-product doctrine.
Pierce Patterson's company produced documents in federal court. One document contained an email from outside counsel discussing settlement strategy. The court applied the definition of attorney-client privilege to determine whether the email qualified for protection under applicable law.
Priya Prasad, a police officer, met with a licensed social worker for trauma counseling after a shooting. During the sessions she described the incident and her emotional response. The court held the communications privileged from disclosure in subsequent civil litigation.
Pedro Pacheco, a line engineer at Paragon Construction, was directed by his supervisor to meet with corporate counsel about internal safety protocols. Counsel prepared a memorandum summarizing the interview. The opposing party sought the memorandum, but the court upheld protection because the communication occurred at the direction of superiors for the purpose of obtaining legal advice.
Pablo Perez died after consulting his attorney about estate planning. His heirs sought production of the attorney's notes from those meetings. The court denied the request because the attorney-client privilege continues after the client's death.
Yes. The privilege protects communications made in the course of diagnosis or treatment even when they include factual background relevant to the patient's emotional state.
Yes. The privilege extends to communications made by any corporate employee at the direction of superiors for the purpose of securing legal advice.
No. Under Rule 502(b), waiver is avoided if the disclosure was inadvertent, the holder took reasonable steps to prevent disclosure, and the holder promptly took reasonable steps to rectify the error.
Yes. The privilege continues after death to encourage full and frank communication during the client's lifetime.
…rule ... serves the Fifth Amendment and sweeps more broadly than the Fifth Amendment itself"). Among these rules is an evidentiary privilege that protects witnesses from being forced to give incriminating testimony, even in noncriminal cases, unless that testimony has been immunized from use and derivative use in a future…