Privileged Communications in United States

Practical Information

Note: Some of this information was last updated in 1982

Any information one person derives from another by reason of a confidential relationship existing between the parties. The parties to such communications are, under certain circumstances, not allowed to testify in court (in U.S. law) about what was said. Relationships that most states recognize are those of (1) attorney and client, (2) member of the clergy and penitent, (3) physician and patient, and (4) husband and wife. When the statute so provides, the attorney client privilege may be extended to include the attorney’s secretary if the communication is spoken to the lawyer in her presence.

(Revised by Ann De Vries)

What is Privileged Communications?

For a meaning of it, read Privileged Communications in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Privileged Communications.

Privileged Communications in the context of Juvenile and Family Law

Definition ofPrivileged Communications, published by the National Council of Juvenile and Family Court Judges: Confidential communications to certain persons that are protected by law against forced disclosure. Privileged communications cannot be disclosed in court over the objection of the holder of the privilege. (The holder of the privilege is usually the patient, client, or other person receiving care, rather than the provider of that care.) Communications between lawyer and client, physician and patient, psychotherapist and patient, priest, minister or rabbi and penitent. are typically privileged. Some social workers are also covered by privilege in some states, but the law varies widely from state to state as to the classes of persons to whom the communications are privileged; who may invoke the privilege; and similar matters. Generally, the privilege only protects the communication from disclosure in court or in connection with a court case.