Privileges (Attorney-Client, Spousal, Etc.)
Evidence · Lesson 05
Privileges (Attorney-Client, Spousal, Etc.)
這一課問的是：本溝通是否享有特權？是否有放棄或例外？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Is the communication privileged — and does any waiver or exception apply?
這一課問的是：本溝通是否享有特權？是否有放棄或例外？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
attorney-client privilege
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Confidential communications between client and lawyer for legal advice.
律師-委託人特權。
crime-fraud exception
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No privilege for communications in furtherance of crime or fraud.
犯罪詐欺例外。
spousal testimonial
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Either spouse may refuse to testify against the other in criminal case (federal).
配偶證言特權。
spousal communication
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Confidential marital communications; either spouse may invoke.
婚姻溝通特權。
psychotherapist-patient (Jaffee)
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Confidential communications for treatment.
心理治療特權。
priest-penitent
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Communications during religious confession.
神父懺悔特權。
Fifth Amendment
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Right against self-incrimination.
第五修正案。
Issue · what this lesson is really about
Is the communication privileged — and does any waiver or exception apply?
這一課問的是：本溝通是否享有特權？是否有放棄或例外？
Trigger words & phrases that should flag this issue:
confidentialattorney-clientspousepriestdoctortherapist
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| Apply A-C | Communications between client and lawyer for legal advice, kept confidential, are privileged. | 律師-委託人關於法律建議之保密溝通受特權保護。 |
| Apply crime-fraud | Privilege does not attach where communication furthers crime or fraud. | 若為犯罪詐欺則無特權。 |
| Apply spousal | Spousal testimonial privilege is held by witness-spouse; communications privilege held by either. | 證言特權由證人配偶享有；溝通特權兩方均可援用。 |
| Apply Jaffee | Federal courts recognize a psychotherapist-patient privilege. | 聯邦承認心理治療特權。 |
Rule Sentence · the workhorse
The attorney-client privilege shields confidential communications between client and lawyer made for the purpose of obtaining legal advice, subject to the crime-fraud and other exceptions; other recognized privileges include spousal testimonial and communication, psychotherapist-patient (Jaffee), priest-penitent, and the Fifth Amendment right against self-incrimination.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人privilege holder特權持有人
Act 行為invoking privilege援用特權
Object 對象confidential communication保密溝通
Standard 法律標準privilege elements + exceptions/waiver特權要件 + 例外/放棄
Consequence 後果communication shielded or compelled受保護或須揭露
Casebook Snapshot · a real American case
Upjohn Co. v. United States
Holding. In the corporate context, the attorney-client privilege extends to communications between corporate counsel and employees, not just senior management, when the communications are made at the direction of corporate superiors to assist counsel in providing legal advice to the corporation.
Why it matters. Upjohn extended A-C privilege deeply into corporations: any employee speaking to counsel for legal advice is covered.
Upjohn：公司律師與員工為法律建議之溝通均受特權保護。
Common Mistakes · what trips students
✗ attorney-client privilege 包括身體證據。
✓ Privilege protects communications, not pre-existing documents/evidence.
僅保護溝通，非預存文件。
✗ 律師死後特權消滅。
✓ Privilege survives death (Swidler).
律師-委託人特權於死後仍存在。
✗ spousal privilege 適用 civil cases。
✓ Testimonial federal privilege limited to criminal cases.
證言特權限刑事。
Mini IRAC · build the Application
Issue. Are emails between D and D's lawyer about how to commit future tax fraud protected by attorney-client privilege?
Rule. The attorney-client privilege does not protect communications made in furtherance of a crime or fraud.
Application (model). The emails between D and D's lawyer concern how to commit future tax fraud. Because the crime-fraud exception strips the privilege from communications used to commit or further a crime or fraud, the fact that D and the lawyer's emails were sent to plan future fraudulent tax filings means the communications fall squarely within the exception.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the emails are not privileged and must be disclosed.
MBE Check · multiple choice
In federal criminal trial, P seeks to compel D's wife W to testify about confidential conversations W had with D before they were married. Privileged?
Mini Essay · write the Application paragraph
Facts. D, a corporate CEO, meets with the corporation's general counsel and a public relations consultant to discuss litigation strategy. D candidly admits prior misconduct. The plaintiff in a later lawsuit seeks discovery of the meeting communications.
Call. Are the communications privileged?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: