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Home > Case Law > Evidence  >  Exceptions to Attorney Client Privilege
Exceptions to Attorney Client Privilege
Exceptions to Attorney Client Privilege Cartoons

Exceptions to Attorney Client Privilege

Howell v. Joffe; conversation protected if originated in confidence that it would not be disclosed, was made to an attorney in his or her legal capacity to secure legal advice or services, and was kept confidential.
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Related Cartoons

Idaho v. Wright
Idaho v. Wright
Trustworthiness of an out of court statement must be determined based on totality of circumstances that surrounded making of statement, without considering facts that may corroborate statement. Bootstrap.
Bruton v. United States
Bruton v. United States
Admission of joint defendants' confession violates other defendants rights under Confrontation Clause, even if limiting instruction is given to jury. Cautionary instruction.
United States v. Stelmokas
United States v. Stelmokas
Authentication. Requirement that document be authenticated before it may be admitted into evidence is satisfied by evidence sufficient to support finding that document is what its proponent claims it to be. Chain of custody.
People v. Lynes
People v. Lynes
Authentication. Evidence may be authenticated by circumstances that permit drawing of inferences that evidence is what proponent claims. Post hoc.
Morales v. Portuondo
Morales v. Portuondo
Assertion of evidentiary privilege may not bar admission of evidence if exclusion of otherwise privileged evidence would be fundamentally unfair. Habeas corpus.
Swidler and Berlin v. United States
Swidler and Berlin v. United States
Attorney client privilege survives death of client. Independent counsel.
United States v. Doe
United States v. Doe
If act of producing documents would be incriminating, production of those documents cannot be compelled without statutory grant of use immunity.
Unavailable Witness Hearsay
Unavailable Witness Hearsay
United States v. Gray; killing witnesses; a defendant who wrongfully and intentionally renders a declarant unavailable as a witness in any proceeding forfeits the right to exclude, on hearsay grounds, the declarant's statements.
Telephone Call As Admissable Evidence
Telephone Call As Admissable Evidence
State v. Small; a voice over the telephone may be identified as being that of a particular person if there is evidence that shows the person identified is the only one who could have uttered the speech under the circumstances.
Client Identities Are Not Attorney Client Privilege
Client Identities Are Not Attorney Client Privilege
In Re Osterhoudt; Identity of attorney's client and nature of fee agreement are not protected by attorney-client privilege, unless disclosure of the information would implicate the client in the criminal activity for which legal advice was sought.
Improper Testimony
Improper Testimony
United States v. Moore; admission of improper testimony does not always result in reversal of conviction; inadmissible evidence; appeal; corroborating evidence.
Doctor Patient Privilege
Doctor Patient Privilege
United States v. Tome; physician patient privilege; statement to physician; hearsay rule; information required for diagnosis or treatment; Fed. R. Evid. 803(4).