(296) The court declined to find the privilege waived, citing McCormick, Weinstein, and the Supreme Court Standards to find that the marital disclosure was "consistent with the maintenance of the confidential attorney-client relationship" given it occurred within another privileged communication
Establishing a Kovel relationship early and taking steps to protect your client's privileged communications
can make a big difference in a later criminal action.
(127) Military judges now have the opportunity to protect privileged mental health records, while respecting the accused's constitutional rights, by adopting Wisconsin's approach to the psychotherapist privilege in conjunction with Fishman's three categories necessitating review of privileged communication
(94) The two overarching justifications for privilege in general can be described as "instrumental" and "non-instrumental." (95) The instrumentalist rationale is essentially utilitarian in nature, arguing that the protection for privileged communications
is desirable because it furthers desirable policy goals.
(37) The Massachusetts state statute more generically states the privilege is available in "any proceeding." (38) Under the Massachusetts statute, should a mental health provider disclose this privileged communication
, he could be liable in actionable tort or invasion of privacy.
(20) Specifically, the court distinguished between "two distinct scenarios [: i]n the first, a witness testifies as to events which happen to have been a topic of a privileged communication[; i]n the second, the witness testifies as to the specific content of an identified privileged communication
." (21) Only in the second scenario would the privilege be waived.
The privileged communication
channels that Aedgency offers in each market include:
It is therefore imperative for PSCs to develop a good working relationship with parents to promote the importance of privacy, confidentiality, and privileged communication
and to ensure that these principles will be managed in a manner that assures that students receive the counseling services they need.
If a communication meets all of the requirements of a privileged communication
, then there are four things that an investigator should consider.
as Planned Parenthood, privileged communication
. In doing so, this
(15.) RALPH SLOVENKO, PSYCHOTHERAPY, CONFIDENTIALITY, AND PRIVILEGED COMMUNICATION
The Director General of the Law Society said: "By listening to a solicitor's firm communicating with their client, it would be an invasion of the privileged communication
between solicitor and client which is protected by the constitution."