LAW 607 Lecture Notes - Lecture 44: Spousal Privilege, Product Rule
1 Jun 2020
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Privileges: even if it is relevant, information cannot be discovered if it is protected by a privilege. Privileges protect information from being disclosed by a particular source. The party may still obtain the information from other sources: example: p sues d for injuries sustained in an automobile accident. D"s attorney, and asks what d told the attorney about the accident. P cannot discover the information because it is protected by the attorney client privilege. However, p can discover what d knows by other means, including by asking d directly. The information is not immune from discovery merely because it was relayed to the attorney: common privileges: the law of privileges varies from state to state. However, certain privileges are recognized in many states: self-incrimination: the privilege against self-incrimination allows a person to refuse to admit a criminal act by that person, provided the person still could be prosecuted for the crime.
