Privilege Overview in Legal Proceedings

A set of flashcards summarizing key concepts related to privilege in legal proceedings, including who holds privilege, exceptions to privilege, and responses to subpoenas and court orders.

What is privilege in a legal context?

Privilege is the client's legal right not to have confidential information revealed during a legal proceeding.

Who holds privilege?

The client, all members of the treatment unit, a guardian ad litem or conservator, and the personal representative of a deceased patient.

What is one exception to privilege regarding the client's emotional condition?

When the client has introduced their emotional condition in a legal proceeding.

Under what circumstance can confidential information be treated as non-confidential?

When the client has treated confidential information as though it were not confidential.

What happens when a client sues a therapist for malpractice?

A breach of duty occurs, but the content of therapy remains confidential.

In what case can a therapist be appointed by the court regarding privilege?

When the therapist has been appointed by the court to examine the client.

What is an example of a crime-related exception to privilege?

When the client has sought psychotherapy to commit a crime and/or escape punishment for a crime.

What special consideration is there for clients under 16 years of age?

When they have been the victim of a crime, such as extortion or statutory rape.

What must a therapist do if a subpoena is issued?

The therapist should contact the client and assert privilege on their behalf if the client is unreachable.

What should a therapist do if they believe an exception to privilege applies?

They should still assert privilege and let the court decide.

What is required when responding to a court order?

The therapist must provide the requested information.