Define: Privileged Communication

Privileged communication refers to certain types of confidential communications that are protected from disclosure in legal proceedings. These communications are typically exchanged within specific relationships, such as those between attorneys and clients, doctors and patients, spouses, or clergy and penitents. The purpose of privilege is to encourage open and candid communication within these relationships by assuring individuals that their disclosures will remain confidential. Privileged communications are generally shielded from compelled disclosure, meaning that the party holding the privilege cannot be forced to disclose the content of the communication in court or other legal proceedings. However, there are exceptions to privilege, such as when there is a threat of harm or when the privilege holder voluntarily waives the privilege. Understanding privileged communication is crucial for maintaining trust and confidentiality in professional relationships and upholding privacy rights in legal contexts.

These include communications between husband and wife, attorney and client, physician or therapist and patient, and minister or priest with anyone seeing them in their religious status. In some US states, the privilege is extended to reporters and informants. Thus, such people cannot be forced to testify or reveal the conversations to law enforcement or courts, even under threat of contempt of court, and if one should break the confidentiality he/she can be sued by the person who had confidence in him/her. The reason for the privilege is to allow people to speak with candour to spouse or professional counsellor, even though it may hinder a criminal prosecution. The extreme case is when a priest hears an admission of murder or other serious crime in the confessional and can do nothing about it. The privilege may be lost if the one who made the admission waives the privilege, or, in the case of an attorney, if the client sues the attorney claiming negligence in the conduct of the case.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.