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. Conversations that take place in the context of a sheltered relationship, such as between a lawyer and a client, a husband and wife, a priest and a penitent, and a doctor and a patient. The law often protects against forced disclosure of such conversations. However, there are exceptions that may invalidate privileged communication, and there are various circumstances in which it may be terminated, intentionally or unintentionally. The most important provisions of spousal privilege are that courts cannot compel husbands or wives to disclose the contents of confidential communications during marriage – nor can one spouse be compelled to testify against the other. These rights, which continue after the dissolution of the marriage, are intended to protect the honesty and confidentiality of the marriage. However, these safeguards do not prevent either spouse from testifying against the other in court (if they choose to do so).
Privileged communication is a conversation that takes place in a protected relationship, for example between a lawyer and a client.3 min read Solicitor-client privilege exists for much the same reason as doctor-patient privilege. To ensure effective representation, a client must feel free to discuss all aspects of a case without fear that their lawyer will be called to court to repeat their statements. In order to maintain the client`s trust and do his job properly, the lawyer must be allowed to refuse private communication with the client of the court and the opposing party. 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. 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, physician-patient privilege, confidential communication) Marital communication privilege. The courts cannot compel husbands and wives to disclose the contents of confidential communications during marriage. The purpose of privilege is to protect and promote honesty and trust in marriages. Privileged communication is an interaction between two parties in which the law recognizes a private and protected relationship.
Everything communicated between the two parties must remain confidential, and the law cannot compel their disclosure. 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. For federal matters, the Privileged Communication Act is subject to the law of the state in which the Federal Supreme Court sits. In some jurisdictions, the precise rules for privileged communications may be periodically redefined or adapted as new circumstances arise. In some states, an individual`s relationship with sexual assault counselors, social workers and youth diversion officers has been given a privilege of confidentiality. In these States, the court may hold a hearing in camera to determine whether the information is necessary for the applicant`s case or defence before ordering disclosure of the information. Many lawyers have supported the creation of a privilege between parents and children, but very few courts and legislators have recognized such a privilege. 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. Privileged communication exists because society values privacy or the purpose of certain relationships. The privileged communications established are those between wife and husband, clergy and communicants, psychotherapists and patients, physician and patient, lawyer and client.
