Privilege is one of the most important legal concepts that an attorney can be versed in. Inadvertently waiving the attorney/client privilege or the psychotherapist/patient privilege, for example, can have dire consequences for clients and attorneys alike. An interesting blog post by our esteemed colleagues in the Business Litigation and Employment Law groups got me (well, really Nancy) thinking about a lesser known privilege known as the common interest privilege and how same is relevant to divorce.
First, a little background on the Common Interest Privilege. According to the Restatement (Third) of the Law Governing Lawyers, a riveting legal treatise more commonly used to prop up a wobbly desk, the common interest privilege applies…… Keep reading
Privileges in litigation are important tools they generally mean information can be withheld from the other side and the court because the privilege exists.
In matrimonial litigation (I love big words) a frequently invoked privilege is really a disqualification which means that private conversations between spouses can stay private. Other frequently used privileges are the patient-psychotherapist privilege and the lawyer-client privilege, both of which are designed to keep confidential communications confidential.