The court will consider such a request only if the defendant can establish a reasonable probability that important information exists in the communication that will be relevant to the case. Various jurisdictions may apply the concept of privilege in slightly different ways. For example, some jurisdictions distinguish between the two parties to a communication, calling one party the keeper or holder of the privilege. Other states regard the privilege as being held, and capable of being asserted, by both parties.
Other states give the privilege to the testifying spouse. This gives the testifying spouse the power to waive the privilege and testify against the other spouse. States occasionally change their laws to give the privilege to both parties or to take it from one of the parties. For example, a state may give the privilege to both clergy and communicant. Under such a law, either party to the communication could block its disclosure. The most common are:. The privilege works to protect the person who communicates confidential information, not the person receiving the information.
For example, if Karen is a client of Sam, an attorney, and she reveals that she is cheating on her husband, the attorney can't reveal that information. 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. In the case of the husband and wife, either party may be the privileged party, depending on who told who what.
Each state has different laws regarding what types of communication relationships are privileged. Connecticut , for example, and some other states include the relationship between a battered woman and a sexual assault counselor is specifically set as being privileged.
To be privileged, the communication must:. The communication is no longer privileged if:. When two individuals enter into a legally recognized relationship, all communication that takes place between them is protected.
This communication is known as privileged communication. It is called so because whatever information that is disclosed in this kind of setting is protected i. To qualify as privileged communication, there are certain conditions that need to be fulfilled.
These are:. Privileged Communications are made in a private setting and are protected from disclosure to third parties. The rule of privileged communication exist because privacy of confidential relationships is valued in the society.
This is why they are not admissible as evidence. All communications that takes place between an attorney and his client comes under the ambit of privileged communication. The Attorney-Client privilege in India is governed by provisions under,. Section to of the Indian Evidence Act deal with privileged communication associated with professional relationship between an attorney and his client.
This privilege is necessary because if the client cannot trust his lawyer with the information, then he will not disclose all the facts of his case and the lawyer will not be able to defend the client in court.
Section states that no legal advisor or a lawyer can be permitted to disclose the confidential information that,. It also states that, the lawyer cannot disclose any contents of the documents that he became familiar with during the course of his employment. This privilege exists even after the termination of employment. There are certain exceptions to the above stated rule. These are,. This communication is made in furtherance of an illegal purpose, and thus is not protected from disclosure.
Only those communications which are made with the purpose of getting professional advice from the lawyer are considered as protected. This privilege exists only when both are in a confidential relationship and not before that. Section broadens the scope of the privilege and extends it to the servants, helpers, interpreters and clerks of the lawyer. Section is the continuation of the privilege, it protects the legal advisor or the lawyer from disclosing any information which comes under the ambit of section , unless the client himself calls the legal adviser as a witness.
Section of the Act states that the client is protected from disclosing any confidential information unless he himself offers to be a witness. Rule 7 states that no Advocate will disclose, directly or indirectly, any communication which took place between him and his client.
Rule 15 states that the Advocate should not take advantage of the confidence that his client has reposed on him. The issue lies in the fact that, whether the in-house counsel would be treated as a salaried employee or as an attorney.
If he is treated as a salaried employee, then how can he be protected by Attorney-Client privilege? In judicial proceedings, the law allows people to refuse to disclose the contents of certain privileged conversations and writings. Communications between an attorney and client, husband and wife, clergyperson and penitent, and doctor and patient are all privileged.
In a few states, the privilege extends to a psychotherapist and client and to a reporter and her source. To qualify for privileged status, communications must generally be made in a private setting that is, in a context where confidentiality could reasonably be expected. The privilege is lost waived when all or part of the communication is disclosed to a third person. These privileges are held by the client but not the lawyer , the patient but not the doctor or psychotherapist , the speaking but not the spoken-to spouse and both the clergyperson and the penitent.
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