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Husband-wife|Attorney-client|Privileged communication

privileged communications

Husband-wife privileged communication

The communications between a husband and wife which are made privately and are not intended for disclosure are protected by the privilege. A subject has a privilege to refuse to give testimony on any confidential communication which occurred between the subject and the spouse during their marriage. The subject also has a right to prevent another person from testifying on the confidential marital communications. The following cases are not covered by the privilege:

– If there is sufficient evidence that the spouses conspired or acted in cooperation in the crime charged.

– If the spouse is charged with a crime against the person or property of the other person, a minor, a child, or an individual residing in the household.

– If any case where the spouses are opposing parties.

Attorney-client privilege

The attorney -client privilege ensures confidentiality in legal matters. It covers all aspects of a case. Only the client may waive the privilege, agreeing to reveal information. It is the attorney’s responsibility to inform the client that this privilege even exist. The privilege does not include non-lawyer personnel or prison lawyers. Both written and oral communication that occurred within the legal counsel is covered by this privilege. The privilege remains if the client had only the initial consultation and extends beyond the death of a client. Some of the aspects of attorney-client communications not covered by the privilege are the fee arrangement, physical evidence of a client’s crime, information on future criminal activity. Also, in cases when the client files a malpractice lawsuit against the attorney, or when the attorney represents two clients who later become involved in a lawsuit against each other, communications are not covered by the privilege.

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