Legal privileges, such as attorney-client, marital confidences, therapist-patient, and the privilege against self-incrimination, protect confidential information in the United States and other common law countries. The attorney-client privilege dates back to the 1500s and applies to statements made for legal advice. Marital confidences protect spouses from testifying against each other, while the clergy privilege protects confidential communications made for spiritual guidance. The therapist-patient privilege is grounded in the patient’s need for trust, and the privilege against self-incrimination prohibits the government from forcing a defendant to give damaging testimony against herself.
The main types of legal privilege are attorney-client, communicating clergy, marital confidences, therapist-patient, and the privilege against self-incrimination. These privileges are available in the United States and other common law countries. With the exception of the privilege against self-incrimination, privileged statements are those made within a special relationship of trust, which the law protects from disclosure.
The attorney-client privilege dates back to the 1500s and was the first legal privilege recognized by English common law. In order for the lien to be invoked, the client’s statements must have been made to the attorney to obtain legal advice. The statements must have been made even while an attorney-client relationship existed.
The privilege does not apply to anyone seeking advice on how to commit a crime. It can also be waived, as the privilege belongs to the client and not to the lawyer. It can be waived if the customer discloses confidential information to third parties. It is also agitated if the client accuses the attorney of wrongdoing or negligence. Inside information can then be disclosed if necessary for the lawyer to explain or defend himself against the allegations.
Marital confidences are also a legal privilege. Sometimes called the marital communications privilege, it applies to both civil and criminal cases. By virtue of the privilege, one spouse cannot be forced to bear damaging testimony against the other on confidences exchanged during the marriage. Confidences are not protected if made before the marriage or disclosed to third parties. However, the lien survives the dissolution of a marriage if the declarations were made while the parties were still married.
All US jurisdictions recognize the legal privilege of confessions or confidential communications made to a member of the clergy. As long as the statements made by the communicant are intended to be private and are made for spiritual guidance purposes, they are protected. The privilege is not only of the communicant, but can also be invoked by the priest. Statements made in a group discussion may also be protected if it was conducted by a clergyman and the statements were for spiritual guidance.
In the United States, therapist-patient privilege has been largely developed through state legislatures. It was later adopted by the Supreme Court and extended to licensed social workers acting as counselors. The privilege is grounded in the patient’s need for trust when she discloses private fears and embarrassing personal information. The privilege does not apply to threats to harm other people, and the therapist must inform the patient of this fact.
The legal privilege against self-incrimination is deeply rooted in criminal law and protected by the Fifth Amendment to the United States Constitution. It prohibits the government from forcing a defendant to give damaging or incriminating testimony against herself. The privilege is absolute and can only be waived by the defendant, who need not offer any testimony at his trial. The privilege can also be enforced in civil proceedings, but only if the testimony of the witness could in fact subject her to criminal charges.
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