How to Learn About Which Communications Fall Under Privileged

"Privileged communications" are those that occur between specific sets of people in specific relationships. Attorneys and clients, doctors and patients, and husbands and wives, for example, all fall under the category of people who are protected by privileged communications. Legally speaking, there are generally no laws that force a person to reveal the contents of privileged communications under oath or during judicial proceedings.

Difficulty: Easy

Instructions

Things You'll Need:

• Computer with Internet access

1. Learn about which communications fall under the "privileged" definition through the FindLaw Web site (see Resources below). Browse information regarding each state's laws, as well as information regarding the extent to which privileged communications are protected.

2. Speak to your attorney, clergyman and doctor to learn firsthand what information you provide to them would be considered "privileged."

3. Note that even an admission of guilt in a crime is considered privileged and cannot be used against you in a court of law—but that's only true if that information is provided to your legal counsel. Admitting your guilt to the authorities is not considered privileged and can be used to incriminate you.

4. Understand that you, as the party who imparts privileged information, are permitted to reveal it whenever you choose, but the other parties (clergy, doctor, spouse) may not reveal it without your express consent.

5. Be aware that privileged information that has been shared through other media (such as telephone conversations or email) and then seized is inadmissible as evidence in court.

6. Note some states have different laws regarding the recipients of privileged information. For instance, some states do not consider clergy privy to privileged information, so clergy in those state can be forced to testify against someone who has committed a crime.

7. Keep in mind that if information you have shared in confidence as privileged communication is divulged without your consent, you are entitled to take legal action against the offender.

Tips & Warnings

• Don't discuss legal matters with people who are not considered bound by privileged communications. They are not legally bound to keep their silence and can be forced to speak in court.
• Don't assume the things you say fall under the definition of privileged until you have received confirmation either from the professional to whom you are speaking or by checking the state statues in place.

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