Who says I only have to write on finance, economics, investing, and personal finance? This is my soapbox, and I feel like writing a law article.
“I plead the fifth,” is an oft-heard comment from movies and shows like Law & Order. The fifth amendment protects you from having to incriminate yourself when on the stand. However, it isn’t the only form of privilege that you have. Here’s a look at some more.
The Attorney-Client Privilege
Attorney-Client privilege is a well-known right in the American legal system. A client of an attorney would not fully disclose all possibly relevant information to that attorney if there was no expectation of confidentiality in their disclosure. This privilege means that an attorney cannot be forced to testify against a client of theirs in court.
This privilege extends to clients disclosing past attempted or successful crimes. However, it does not cover crimes which have not yet been committed. An attorney who learns information about a planned or future crime cannot guarantee confidentiality. Wikipedia has a pretty good writeup on the topic.
Spousal Privilege
Spousal privilege means that a court cannot force one spouse to testify against another, even if one spouse knows the actions of the other were illegal. Spousal privilege holds sacred the communication between spouses. Confidentiality continues for conversations held during a marriage even after divorce. There is no privilege for conversations
- Know your rights! (Jonathan Thorne)
before and after marriages, however.
Priest-Penitent
Yes, confessions to your priest/spiritual adviser are confidential. Priest-penitent is a legitimate privilege which swears the priest to secrecy regarding the conversations than transpire between he or she and a penitent. The privilege itself is confusing, and not fully stated, but it is a legitimate right.
Physician-Patient
Another well known privilege is physician-patient privilege. While much is said about confessions to psychiatrists, any statements to any doctor of any specialty are in full confidentiality. This makes sense; illegal activities may be relevant to a diagnosis, and withholding this right would only cause greater harm. Of course, the patient can waive this right and allow a doctor to testify, if the situation dictates. Of course, this right is supplanted in some cases… such as Center for Disease Control (CDC) disclosure for infectious diseases.
State Secrets
If you’ve got some state secrets… props to you. You do not have to reveal those secrets in court. People in possession of these secrets do not have to testify, and the right has been held up in cases such as United States v. Reynolds. You most likely won’t run into this one though…
Other Rights
Journalist privilege: Note that Journalist privilege of sources does not exist. However, most courts tread lightly on this, and usually will not force a journalist to reveal his or her source of confidential information. The most famous example, of course, is Deep Throat (in 2005 revealed to be Mark Felt), of Richard Nixon Watergate fame. Courts refused to force the revelation of the identity of Deep Throat. Even in the case where a court demands source information, many journalists will go to jail to protect their source (for contempt of court).
In privilege: If you are negotiating a settlement or agreement, anything you say during this session is confidential. This means that you or your attorney can disclose more information in one of these sessions. Read here for more detail.
Anything Else?
Anything I’m missing? Let me know in the comments section! Oh, and hire a lawyer (!) to discuss the details of any of these privileges.
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