What is a Privileged Conversation?
What is a Privileged Conversation?
In some situations, conversations that you've had will be considered confidential and so disclosure of what was said in the conversation cannot be compelled by a court. The law holds that certain relationships are so important that it protects private communication. The law protects communication, either oral or written, that was confidentially exchanged within the following special relationships: - Spouse to spouse
- Between an attorney and client
- Between a doctor and patient
- Between a religious advisor and advisee (or priest-penitent)
When is Spousal Communication Privileged?
The law protects the substance of the communication between spouses in different ways. First, communication between spouses is considered privileged and so courts cannot compel the disclosure of conversations made in martial privacy. Also, spouses can be considered incompetent to testify for or against the other spouse in a trial, or a spouse called as a witness against the other spouse may refuse to testify. In some cases, a spouse charged with a crime may prevent the other spouse from testifying against him/her. When are Confidential Communications Not Privileged?
Conversations are not considered privileged if someone overhears the private conversation. For example, the doctor-patient privilege doesn¿t apply if made in the presence of a nurse, and the spousal privilege doesn't apply if the conversation takes place in the presence of another relative, like a child. In addition, spousal communication made within any jail or law enforcement building, even if you're inside a private room, is not privileged.
Marital communication is not privileged in suits between spouses, or when there is violent crime between husband and wife. |
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