Privileges for communications with professionals

• Author: Joseph A. Ranney
• Pages: 169-184

PRIVILEGES FOR

COMMUNICATIONS

WITH PROFESSIONALS

9-1

CHAPTER 9

PRIVILEGES FOR COMMUNICATIONS

WITH PROFESSIONALS

I. OVERVIEW

§9:01 Introduction

§9:02 The Balancing Test and the Burden of Proof for Professional Privileges

[§§9:03-9:09 Reserved]

II. COMMUNICATIONS WITH HEALTH CARE PROVIDERS

§9:10 The Physician-Patient Privilege

§9:11 Exceptions to Physician-Patient Privilege

§9:12 Waiver of Physician-Patient Privilege

§9:13 The Psychotherapist-Patient Privilege

§9:14 Exceptions to Psychotherapist-Patient Privilege

§9:15 Waiver of Psychotherapist-Patient Privilege

§9:16 Are Communications With Other Health Care Providers Privileged?

§9:17 Who May Assert the Privilege?

[§§9:18-9:29 Reserved]

III. COMMUNICATIONS WITH CLERGY

§9:30 The Clergy-Communicant Privilege

§9:31 Exceptions to the Clergy-Communicant Privilege

§9:32 Waiver of Clergy-Communicant Privilege

§9:33 What Persons Are “Clergy” Within the Scope of the Privilege?

[§§9:34-9:39 Reserved]

IV. COMMUNICATIONS WITH JOURNALISTS

§9:40 The Journalistic Privilege

§9:41 Applicability in Civil and Criminal Cases

§9:42 Burden of Proof

§9:43 Waiver of Journalistic Privilege

[§§9:44-9:49 Reserved]

V. COMMUNICATIONS WITH ACCOUNTANTS

§9:50 The Accountant-Client Privilege

§9:51 Privilege Where the Accountant Is Acting as an Attorney’s Assistant or Agent

[§§9:52-9:59 Reserved]

PRIVILEGES FOR

COMMUNICATIONS

WITH PROFESSIONALS

Deposition Objections 9-2

VI. ASSERTING PROFESSIONAL PRIVILEGES DURING A DEPOSITION

§9:60 Objections: Professional Privileges

§9:61 How to Respond to Assertion of a Professional Privilege at Deposition

§9:62 How to Resolve Objections Based on Professional Privilege

VII. FORMS AND CHECKLISTS

Form 9-1 Checklist: Making Objections Based on Professional Privileges

Form 9-2 Stipulation and Order for Limited Disclosure of Information (Psychotherapist-Patient Privilege)