Privileges are important but not covered under the Federal Rules . You have to know the common law and the statutes in your state.
Issues to look for:
1) Are we talking about a communication?
2) Is there a privileged relationship between speaker and listener, e.g., attorney, spouse, clergy
3) Is there any kind of exception that removes this type of communication from being privileged, e.g., it reveals child abuse?
4) BEFORE the communication, did the speaker intend it to be kept confidential?
5) DURING the communication, was it in fact confidential?
6) AFTER the communication, was it kept confidential?
7) WHEN CASE WAS FILED, did party place communication in issue?
8) IN LITIGATION, was the privilege properly asserted by the speaker or his attorney?
Start with Problem 17-3, page 851. The prosecutor calls a defense attorney to testify before the grand jury.
(A grand jury is an investigative body that hears from witnesses and decides whether to indict anyone. Usually a particular person is the target of the investigation, e.g., George Zimmerman. That person has no right to attend the grand jury proceedings, which are conducted in secret).
Can the defense attorney invoke the attorney-client privilege and refuse to appear? When you think you know the answer, click here to continue.