Questions and Answers
What governs a claim of privilege in FRE 501 unless any specific rules provide otherwise?
The common law interpreted by United States courts in the light of reason and experience.
Privileges in civil actions and proceedings are determined by state law if state law supplies the rule of decision.
True
If a husband and wife consult the same attorney, their statements made in the presence of the other spouse are protected by the lawyer-client privilege.
False
The presence of a law student clerking in an attorney's office waives the lawyer-client privilege.
Signup and view all the answers
The lawyer-client privilege excludes communications that reveal a client's confidence.
Signup and view all the answers
A statement by a client to their attorney intended for public disclosure is considered confidential.
Signup and view all the answers
Voluntary disclosure of privileged information waives the privilege for all communications between the client and lawyer.
Signup and view all the answers
The husband-wife testimonial privilege exists in civil cases.
Signup and view all the answers
Federal courts recognize a husband-wife confidential communication privilege.
Signup and view all the answers
What happens to the husband-wife confidential communication privilege upon termination of marriage?
Signup and view all the answers
An informant's identity must be disclosed if they arranged a narcotics sale.
Signup and view all the answers
Federal courts recognize an accountant-client privilege.
Signup and view all the answers
The husband-wife testimonial privilege can be affected by the quality of the marital relationship.
Signup and view all the answers
A communication between a client and their attorney is confidential even if the attorney is not licensed.
Signup and view all the answers
Trade secrets are a qualified privilege and can be ordered to be disclosed by the court if it serves justice.
Signup and view all the answers
A parent can accompany a minor child to a lawyer meeting without waiving privilege.
Signup and view all the answers
Study Notes
Federal Rules of Evidence (FRE) 501 Overview
- FRE 501 establishes that common law governs claims of privilege unless overridden by the U.S. Constitution, federal statutes, or Supreme Court rules.
- In civil cases, state law governs privilege related to claims or defenses where state law supplies the rule of decision.
Witness and Communications Privileges
- Privilege claims should ideally be asserted outside the jury's presence to ensure confidentiality.
- The presence of a law clerk does not waive lawyer-client privilege as they are considered representatives of the lawyer.
Husband-Wife Privileges
- Attorney-client communications between spouses sharing the same attorney are protected from third-party claims, but not between the spouses themselves.
- The husband-wife testimonial privilege, which only applies in criminal cases, is held solely by the testifying spouse.
- The husband-wife confidential communication privilege survives divorce or death.
Importance of Confidentiality
- Communications intended for public disclosure are not considered confidential and lose their privileged status.
- The known presence of a third party eliminates the expectation of confidentiality in communications.
Special Privileges and Exceptions
- Federal courts recognize a psychotherapist-patient privilege based on the necessity to maintain confidentiality.
- There is no recognized accountant-client privilege or parent-child confidential communication privilege under federal law.
- Trade secrets have a qualified privilege, meaning they might be disclosed if it serves justice or uncovers fraud.
Privilege Waivers and Limitations
- Disclosure of a significant part of privileged communications may waive privilege regarding the entire subject matter.
- Privilege is not waived if a confidential communication is overheard without the holder's opportunity to assert it.
Protecting Legal Communications
- Communications made during joint meetings with lawyers representing different clients in a common interest remain protected under lawyer-client privilege.
- A client may be represented by individuals beyond those in control, including other organizational members, in the context of privilege.
Implications of Spousal Testimony and Witness Privileges
- In civil cases, a witness exercising the privilege against self-incrimination may have that fact commented upon by parties.
- Anti-marital facts testimonial privilege prevents a spouse from being compelled to testify against another, regardless of prior disclosures.
Legal Representation and Privilege Scope
- Privilege extends to communications with individuals whom the client reasonably believes to be authorized to practice law, extending beyond licensed attorneys.
- The lawyer-client privilege applies to communications between a client and their lawyer or lawyer's representative, including discussions about ongoing lawsuits.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
This quiz focuses on the Federal Rules of Evidence (FRE) 501, specifically regarding claims of privilege in the legal context. It explores how common law, the Constitution, federal statutes, and Supreme Court rules influence privilege claims. Ideal for law students or anyone interested in legal principles around evidentiary privileges.
