Also known as: legal privileges · privilege
Written by attorneys · grounded in primary & secondary sources — see below
A right or exemption recognized by law that shields specified communications, information, or conduct from compelled disclosure or civil liability. The protection arises from statutes, rules, constitutions, or common law doctrines and requires timely assertion with sufficient description to allow assessment by opposing parties or courts.
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Loyal Insurance produced thousands of claim files in response to a subpoena from Legacy Motors. Upon review, Loyal Insurance realized several files contained attorney-client emails and notified Legacy Motors of the privilege claim with a description of the documents. Legacy Motors immediately sequestered the files and refrained from further use pending resolution.
Leonard Lowe refused to answer questions about a conversation with his former business partner after the court upheld his assertion of attorney-client privilege. Because the court ruled the privilege applied, the prosecutor could not compel testimony. The declarant was therefore treated as unavailable for purposes of admitting prior statements.
After leaving federal employment, Lance Lee possessed confidential government data about Linden Bank obtained during his agency tenure. He sought to represent a competitor in litigation directly adverse to the bank using that information. The ethics rule barred the representation because the information could materially disadvantage the bank.
Lamar Lewis granted Lucy Liu permission to inspect equipment on his property for one week. Midway through the period Lewis revoked consent in writing and Liu received actual notice. Liu's continued presence after revocation eliminated the privilege that had previously protected entry.
Luis Lopez and his wife exchanged letters during their marriage discussing business dealings later at issue in a federal investigation. The government sought to compel production of the letters. The court upheld the marital communications privilege and refused disclosure because the communications were made in confidence.
Landon Long was detained by federal authorities without charges during a period of civil unrest short of rebellion or invasion. He petitioned for a writ of habeas corpus. The court recognized that the constitutional privilege remained available and could not be suspended under the stated conditions.
The producing party must notify the recipient of the claim and its basis. The recipient must then promptly return, sequester, or destroy the information and may not use or disclose it until the claim is resolved.
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A declarant is unavailable when a court rules that a privilege exempts the declarant from testifying about the subject matter of the statement. This satisfies one of the enumerated grounds for unavailability under Rule 804(a).
…a medical decision, and basic responsibility for it must rest with the physician. If an individual practitioner abuses the privilege of exercising proper medical judgment, the usual remedies, judicial and intra-professional, are available. Concurring opinions Concurring — Burger, C. J. I agree that, under the…
…and the Louisville and Nashville Railroad, also a Kentucky corporation, wished that the former should have the exclusive privilege of soliciting passenger and baggage transportation at the Bowling Green, Kentucky, railroad station; and that the Black and White, a competing Kentucky corporation, should be prevented from…
…would apparently construe the Due Process Clause to protect from all but quite important state regulatory interests any right or privilege
…(b). The Court of Appeals indicated that a delinquency adjudication "is not a conviction' (§ 781); that it affects no right or privilege, including the right to hold public office or to obtain a license (§ 782); and a cloak of protective confidentiality is thrown around all the proceedings (§§ 783-784)." 24 N. Y. 2d, at 200,…
…relating to his conversations with aides and advisers. The District Court rejected the President's claims of absolute executive privilege
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The lawyer may not represent a private client adverse to the person who is the subject of the confidential government information if the information could be used to that person's material disadvantage.
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The privilege ends upon revocation of consent when the actor knows or has reason to know of the revocation, or upon the happening of any event or lapse of time that restricts the consent.
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Communications between spouses are presumed confidential. The burden rests on the party seeking disclosure to overcome the presumption rather than on the asserting spouse to prove confidentiality.
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The privilege may be suspended only in cases of rebellion or invasion when the public safety requires it.
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