Example: Sandy has a thriving marijuana brownie business that she runs from home. Sandy told her husband Doug about her efforts. All private conversations between them are privileged; That said, if Sandy is sued for her business, she can prevent Doug from revealing what he knows. Privileged communication, in law, communication between persons who have a particular duty of loyalty and secrecy towards each other. Communication between lawyer and client is privileged and does not have to be disclosed to the court. However, after the terrorist attacks on the United States in 2001, some policymakers supported intercepting conversations between lawyers and clients of alleged terrorists. The right to privileged communication between husband and wife is that they are not obliged to testify against each other. In many jurisdictions, privilege exists between physicians and patients, as the courts have recognized that the basis of a doctor-patient relationship is trust, which would be nullified if the physician were forced to disclose patients` communications in court. However, in certain circumstances, physicians may be required to disclose this information if it is determined that the defendant`s right to a fair trial outweighs the patient`s right to confidentiality. In some jurisdictions, clergy have limited rights to refuse to testify in court on matters communicated to them confidentially (the “priest-penitent” privilege).
Journalists have been granted a limited right to privileged communication about the sources of their information, although they may be instructed to disclose information in certain situations. For example, in 1972, the U.S. Supreme Court rejected a journalist`s request for confidentiality in Branzburg v. Hayes. In professional relations, the right to protection of communication belongs to the client, patient or penitent. The recipient of the information must keep the communication private (unless the privilege is removed by the disclosure of the information). In many cases, if the recipient of the information does not keep the information private, they may lose their licence to use the information. In addition to solicitor-client privilege and conversations with medical professionals and religious leaders, privileged communication includes that between two spouses, accountants and clients and, in some states, between journalists and their sources. Example: Sue and Martin divorce. When Martin first left Sue, he emptied a joint bank account and put that money in a separate account in another state. He refuses to tell Sue where the money is, but he told his lawyer Ann. The discussion between Martin and Ann is privileged, and if Martin does not allow Ann to tell Sue where the money is, or if Martin himself tells another person about his conversation with Ann, Ann cannot be forced to reveal the information.
Statements that a client makes confidentially to his or her lawyer, lawyer or lawyer about a case or claim that is then pending or reviewed. Such communications may not be transmitted without the consent of the customer. In general, the laws governing civil and criminal proceedings are designed to allow for the admission of relevant evidence. The parties generally have access to all information that contributes to a fair outcome of the case. Privileged communication is an exception to this rule. These relationships are protected for a variety of reasons. Privileges of wife and clergy and communication protect the universal sanctity of marriage and religion. The psychotherapist or physician and confidential patient promotes full disclosure in the interest of the patient`s health.
If patients are unable to keep secret communication with psychotherapists or doctors regarding treatment or diagnosis, they may provide incomplete information to doctors. If physicians receive incomplete information, they may not be able to administer health care to the patient, which is the very purpose of the doctor-patient relationship. To ensure confidentiality status in a privileged communication relationship, communication between the two parties must take place in a private setting, for example: in a meeting room where the parties can reasonably expect others not to listen to them. To qualify for privileged status, disclosure must generally take place in a private setting (i.e., in a context where confidentiality can reasonably be expected). The privilege is lost (waived) if the communication is transmitted in whole or in part to third parties. n. Statements and conversations that can be made in confidence and that cannot be disclosed in court. This includes communication between husband and wife, lawyer and client, doctor or therapist and patient, and pastor or priest with anyone who sees them in their religious status. In some States, the privilege is extended to journalists and informants. Therefore, these individuals cannot be compelled to testify or disclose the conversations before law enforcement agencies or the courts, even under threat of contempt of court, and if someone violates confidentiality, they can be sued by the person who trusted them. The reason for this privilege is to allow people to speak openly with their spouse or guidance counsellor, even though this may be detrimental to law enforcement.
The extreme case is when a priest in the confessional hears a confession of murder or another serious crime and can do nothing about it. The privilege may be lost if the person who made the confession waives it or, in the case of a lawyer, if the client sues the lawyer and alleges negligence in the conduct of the case. See: Solicitor-client privilege, doctor-patient privilege, confidential communication) A communication is not confidential and is therefore not privileged if it is heard by a third party who is not a representative of the auditor. Agents include secretaries and other employees of the auditor. For example, communication between a psychotherapist and a patient would be preferred, even if the psychotherapist`s secretary hears it.