Privileged communication comprises of communications taking place in protected relationships involving husband and wife, attorney and client, doctor and patient and priest and Penitent. The law tends to offer protection against forced conversation disclosure. However, several exceptions usually invalidate privileged communication since there are certain circumstances where it can be waived.
Husband -Wife Privilege
The privilege entails the special right held by married persons to support secret communication between them including to a court of law. They are protected from testifying in a court of law including when one spouse offends the other. Three marital privileges recognized in the common law include anti-marital, incompetency and marital confidential. Incompetency is recognized when a spouse indicates much determination in remaining incompetent to testify either in criminal or civil proceedings (Ingram, 2014). Anti-marital facts are noted when a spouse has the influence to prevent the partner from testifying even when he or she is competent. On the other hand, confidential material communications hinder testimony related with intra-spousal as well as confidential communications emerging from marital relationships. These privileges exist because husband and wife have strong relationships …show more content…
The concept hinders the attorney from being forced to present testimony in court. These privileges should remain as they encourage the client to offer “full and frank” revelations and disclosures to the attorney. The process enables the attorney to offer effective representation and advice. The privilege is beneficial since it enhances trust and confidence between the client and the attorney. Consecutively, it improves the ability to make the most informed decision (Ingram,