[wd_asp id=1]
In this lesson, you will learn what privilege is, and common privileges that are used in many civil cases.
PRIVILEGE – A bar to the disclosure of certain types of communication.
PROTECTION – A protective order can be sought to protect the privilege.
Examples of privilege
- Attorney-Client Privilege
- Work Product Privilege
- Materials reflecting your own thinking
- Confessional privilege
- Doctor-Patient Privilege
Transcript
Let\’s talk about privilege.
Privilege is a bar to the disclosure of certain types of communication.
The privilege most often invoked in court is the attorney-client privilege. Unfortunately, you, as a pro se litigant, cannot invoke the attorney-client privilege. But be aware that the other side can, if they have an attorney.
The attorney-client privilege protects communications, whether they are written or oral, between a client and his attorney, but only under specific circumstances.
That is where those communications have been made for the purpose of facilitating or soliciting a legal service.
Now some attorneys who believe you know nothing about the law will try to get away with withholding information by calling it privileged.
But a party cannot simply place information outside the bounds of discovery by communicating it to their attorney. That communication, that information has to be made for the purpose of facilitating or soliciting legal services.
Now another type of privilege is the work product privilege, and that protects any documents or other things developed during the course of your litigation or in preparation for it. Pro se litigants can invoke this privilege and often do.
Similar to the attorney-client privilege, this work product privilege protects a party from having to disclose certain information obtained during the course of preparing for litigation or for trial.
You may be forced to produce documents that you would consider privileged on this basis if the other party can show the court that they have substantial need of the materials they\’re asking for, and they\’re unable to obtain them without some undue hardship.
But they have to show the court that they absolutely need these materials in order to make their case.
That\’s very rare. Not to worry about it. Just be aware that it does happen sometimes.
Now there is an absolute privilege for materials reflecting your own thinking, your litigation strategies, your planning, your mental impressions, any legal opinions you hold or conclusions, or your theories of the case. There have been instances where a Courtroom5 member has been requested, has been asked for access to their Courtroom5 account in discovery. Never turn that over. There is an absolute work product privilege governing your Courtroom5 account, and you never have to provide access to it to the opposing attorney.
Some other privileges include the accountant-client privilege, the doctor-patient privilege, the confessional privilege that protects confidential communications between a person and their priest or minister, rabbi, or other clergymen.
Also, there\’s a spousal privilege that protects communications between a married couple.
If you need to, move the court to enter a protective order to bar the discovery of privileged information.
Any party may seek a protective order, to force the other side to stop discovery of a particular piece of information when that information is deemed privileged.
So for instance, if your ex-wife or ex-husband is willing to cooperate with the opposing party, and provide information that was disclosed to your ex-wife or husband during the time you were married? Well, you want to get a protective order to bar the disclosure of that information.
Privilege allows a witness to refuse to disclose evidence, on a particular subject, but it also, allows you to bar such evidence from being disclosed even from witnesses who are cooperating with your opponent.