Privileged Communication
Candlefocus EditorPrivileged communication is typically granted to those in professional relationships of trust, such as attorney-client, doctor-patient, or a religious leader and parishioner. These privileged relationships are designed to foster open and honest dialogue, without the fear of the information being used against one of the parties in court or in another official capacity. In some states, privileged communication may also include when a journalist exchanges confidential information with a source.
However, there are exceptions to the concept of privileged communication. If a party in a protected privileged relationship reveals information about a potential or existing crime that involves harm—or even the threat of harm—to people, the confidentiality between the two parties no longer applies. In these cases, the court can compel one of the parties to provide evidence and testimony in any civil, criminal, or administrative trial in which harm has occurred. Furthermore, communications in which someone other than the two parties involved had knowledge and observing during the dialogue, ie, third parties, are not considered privileged.
Therefore, the doctrine of privileged communication exists to ensure that individuals are able to openly and honestly communicate with a person they trust, without that communication being disclosed or used against them in court. This allows a client to openly discuss information, decisions, and theories without worry that their communication could be exposed in a way that would be damaging to their reputation or legal standing. It is a legal provision that, when applied correctly, fosters trust and confidentiality in relationships and maintains the right to privacy for both parties.