Legal Exceptions in Privilege
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Legal Exceptions in Privilege

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@DelectableMaxwell

Questions and Answers

List the 10 exceptions in privilege?

-cx introduces emotional condition into legal proceedings -cx treats conditional information not as conditional -breach of duty -court appointed examination -cx intends to commit a crime -cx is under 16 yrs. old -danger to self or others -coroner's investigation -determination of insanity -competency evaluation

What role does a conservator play regarding a client's confidential information in legal proceedings?

  • A conservator has the authority to waive privilege on behalf of the client without restrictions.
  • A conservator is responsible for maintaining the confidentiality of the client's information while representing their interests. (correct)
  • A conservator can disclose all client information to the court without any limitations
  • A conservator does not have any legal standing in matters of privilege.
  • In a therapeutic setting involving multiple family members, how is the privilege regarding confidential communications typically managed?

  • Only the primary client holds the privilege individually.
  • Each family member holds the privilege independently.
  • The privilege is shared collectively among all family members involved in treatment. (correct)
  • The therapist holds the privilege and can disclose information at their discretion.
  • In which of the following scenarios is someone other than that client the holder of privilege?

    <p>The client has a guardian ad litem</p> Signup and view all the answers

    Privilege may be waived in all of the following situations EXCEPT:

    <p>If the client is incarcerated</p> Signup and view all the answers

    Who is the holder of privilege for a deceased client?

    <p>a personal representative of the deceased client.</p> Signup and view all the answers

    What is the impact of a coroner's investigation on the confidentiality of therapy records?

    <p>Therapists must disclose information if it is relevant to the coroner's investigation.</p> Signup and view all the answers

    Which of the following best describes the legal rights granted by the concept of privilege in a therapeutic context?

    <p>The right to maintain confidentiality of specific communications made in a therapeutic setting</p> Signup and view all the answers

    Which of the following are exceptions to privilege?

    <p>All of the above</p> Signup and view all the answers

    Which of the following scenarios would likely result in an exception to client privilege during legal proceedings?

    <p>A client revealing intentions to harm themselves or others</p> Signup and view all the answers

    What is the appropriate action for a therapist upon receiving a subpoena for client records?

    <p>Consult with legal counsel to understand the implications and options for asserting privilege.</p> Signup and view all the answers

    What role does a conservator play regarding a client's confidential information in legal proceedings?

    <p>A conservator is responsible for maintaining the confidentiality of the client's information while representing their interests.</p> Signup and view all the answers

    A court order is

    <p>a written or verbal command by a judge.</p> Signup and view all the answers

    Your client has been accused of a violent crime. He has asked you to testify on his behalf, to assert that he may not have been competent at the time of the event. Which of the following is accurate regarding the therapist's actions?

    <p>The therapist must tell the client that competency evaluation is an exception to privilege.</p> Signup and view all the answers

    Under what circumstances might client privilege be compromised during involuntary hospitalization?

    <p>If the client is deemed a danger to themselves or others</p> Signup and view all the answers

    Does privilege come into play when there is a legal proceeding happening?

    <p>True</p> Signup and view all the answers

    Confidentiality is not always at play

    <p>False</p> Signup and view all the answers

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