Understanding and Identifying Privileged Communications
Privileged communications include conversations and statements made during confidential interactions between two parties. These parties, by law, must fall into the classification of those entitled to a private and protected relationship. Neither party can be forced to disclose these communications, and the communications cannot be compelled for use as evidence in court.
To ensure such confidentiality and protection, the communications must occur in a private setting (e.g., a conference room) where both parties can have a reasonable expectation of not being overheard by others. The parties also need to be in what is referred to as a privileged communications relationship.
Commonly cited privileged communication relationships include:
- Attorney and client
- Accountant and client
- Physician or therapist and patient
- Psychotherapist and patient/Client (only in certain states)
- Clergyperson and parishioner/penitent
- Two spouses (during marriage and after a dissolution)
- Reporter and source (in some states)
Within professional relationships, where one party provides services to the other party, the protection of communications belongs to the one receiving the services, such as the patient, client, or penitent. If the other party reveals information concerning the protected communications, they risk losing their license to practice or operate.
Privileged communication status ends if a protected communication is shared with some third party that is not a part of the established protected relationship. The definition of third party in this instance excludes those persons considered agents of a party, such as a lawyer’s secretary or a physician’s nurse. The privileged status of communications is not deemed jeopardized and, therefore, continues to receive confidentiality and protection.
Privileged communication status can also end in instances where there is a clear potential for harm or a threat of such harm. For example, if a patient mentions plans to harm another person, that information is not required to remain confidential. If a medical professional believes a patient is intent on harming themselves, the protective status of communications also dissolves.
Baer Reed provides expert privilege and document review services. To learn more about what our attorneys and organization can do for you, contact us today.
- On August 10, 2022
- Back to post list
Mr. Reyes graduated with honors from the Ateneo de Manila University, where he received the Procter and Gamble Student Excellence Award. He obtained his Juris Doctor degree from the Ateneo de Manila School of Law. During law school, Mr. Reyes was part of the Philippine delegation to the Willem C. Vis International Commercial Arbitration Moot held in Vienna, Austria. He was also a member of the Ateneo Society of International Law and the St. Thomas More Debate Society. He completed his internship at the Public Attorney’s Office. He wrote a thesis entitled: “To Kill A White Elephant: An Analysis of the Fiduciary Exception to the Corporate Attorney-Client Privilege”. Mr. Reyes is admitted to practice law in the Philippines and the State of New York.
Ms. Lardizabal-Manzano is a graduate of San Sebastian College-Recoletos, where she earned her B.A. in Political Science. In 2003, she received her law degree from Lyceum of the Philippines and was admitted to practice law in 2004.
Matthew Hersh earned a B.A. in Political Science from Columbia University in 1990 and graduated cum laude from Georgetown University Law Center in 1999. He also holds a master’s degree in international relations from the Georgetown University School of Foreign Service.
Cap. Avi Levak (Res. IDF) graduated from from Israel’s prestigious Ben-Gurion University of the Negev with a Bachelor of Science in Computer Science and Mathematics. He is also a Leadership and Communication coach trained in TuT coaching by Alon gal in Israel. Avi specializes in high-level, in-depth analysis of business and client needs, within systems and software strategy and architecture.
Ms. Tyler graduated cum laude from Georgetown University and received her law degree, cum laude, from Georgetown University Law Center. During law school, she interned at the United Nations Economic Commission for Europe. She also worked on The Tax Lawyer journal and was a member of the award-winning Barristers’ Council Mock Trial Team. Ms. Tyler is admitted to practice law in the State of California and the District of Columbia.
Ms. Cruz-Anonuevo graduated cum laude and top nine in her batch from Miriam College with a degree of Bachelor of Arts in InternationalStudies. She obtained her Juris Doctor degree from Ateneo de Manila University School of Law in Rockwell. During law school, she interned in Rivera, Santos, Maranan & Associates. She was also part of Ateneo’s Labor Law Bar Operations. She wrote her thesis on, “Stealing Privacy: Limitations on Media’s Photographic Invasion.,” Ms. Cruz-Anonuevo is admitted to practice law in the Philippines.
Ms. Aquino-Batallones obtained a Bachelor of Arts degree in Development Studies (with Minors in Global Politics and Hispanic Studies) from the Ateneo de Manila University. In 2011, she received her Juris Doctor degree from Ateneo de Manila University School of Law. During law school, she interned at Romulo Mabanta Buenaventura Sayoc & de los Angeles then became an intern of Ateneo Legal Services Center’s Clinical Legal Education Program.
Mr. De Guzman graduated from San Beda College with a degree of Bachelor of Arts Major in Economics and received his law degree from San Beda College of Law. He is multilingual and is fluent in three languages: Chinese, Filipino, and English. He was admitted to the Philippine Bar in 2003.