Business, Legal & Accounting Glossary
Information exchanged between two people who:
The law recognizes certain parties whose communications will be considered confidential and protected, including spouses, doctor and patient, attorney and client, and priest and confessor. Communications between these individuals cannot be disclosed in court unless the protected party waives that protection. The intention that the communication be confidential is critical. For example, if an attorney and his client are discussing a matter in the presence of an unnecessary third party — for example, in an elevator with other people present — the discussion will not be considered confidential and may be admitted at trial. Also known as privileged communication.
n. certain written communications which can be kept confidential and need not be disclosed in court as evidence, answered by a witness either in depositions or trial, or provided to the parties to a lawsuit or their attorneys. This is based on the inherent private relationship between the person communicating and the confidant’s occupation or relationship to him/her. They include communications between husband and wife, lawyer and client, physician or other medical person (most therapists) and patient, minister or priest and parishioner (or anyone seeking spiritual help), and journalist and source in some states. Moral conflicts may arise when a murderer or child molester confesses to his/her priest, who is pledged to silence and confidentiality by his priestly vows and cannot reveal the confession in legal cases.
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This glossary post was last updated: 27th April, 2020 | 0 Views.