Husband-Wife Communications

There are two separate marital privileges, with distinct rules.  Under the first, a witness-spouse can refuse to testify in a criminal prosecution of the defendant-spouse, but the defendant-spouse cannot keep the witness-spouse off the stand.  With respect to this rule, the parties must be married at the time of trial.

The second applies to confidential communications between individuals who are at the time of the communication married to each other.  The privilege with respect to such communications survives divorce.  The presence of third parties capable of understanding the conversation destroys the confidentiality necessary for this spousal privilege.

Attorney-Client Privilege

The privilege only applies to confidential communications between a client and an attorney for the purpose of obtaining legal advice.

The privilege applies even if the attorney is not in fact hired by the client.

The privilege applies even if the individual consulted is not an attorney, if the client reasonably believed that he was.

The presence of third parties reasonably necessary for either the attorney or the client to perform their duties does not destroy the confidentiality necessary for the privilege.

If two clients consult one lawyer, communications in the presence of both clients and the lawyer are privileged in any suit with a third party, but are not privileged in a suit between the clients.

The privilege is inapplicable if the purpose of the communication was to commit future fraud or future criminal conduct.

The privilege is inapplicable if the client or a disciplinary body calls the attorney's conduct into question and the attorney must reveal the confidential communication to defend herself.

Turning over preexisting documents to an attorney does not make them privileged, but a letter to an attorney seeking legal advice is privileged.

Physician-Patient Privilege

The physician-patient privilege is a statutory privilege by which the patient can prevent the disclosure of confidential communications made to a physician, and the disclosure of observations made by him. 

The confidential nature of the communications or observations is not destroyed by the presence of third persons necessary to the performance of the physician's duties. 

The privilege is waived if the patient introduces evidence on his physical condition, or sues the physician.

Self-Incriminating Statements

In criminal cases, conversations in connection with plea bargaining and withdrawal of guilty pleas are excluded.

The privilege against self-incrimination is a testimonial privilege and does not empower a defendant to refuse to turn over nontestimonial items such as bodily, handwriting, or voice samples.

The privilege against self-incrimination (except for cases where the Miranda rule concerning confessions is applicable) operates prospectively, and does not give a defendant the power to suppress a statement already made.

A defendant who testifies on a preliminary matter in a criminal case does not waive his right to refuse to testify in the case itself, and cannot be cross-examined in the preliminary hearing on matters beyond the scope of the preliminary hearing.

Admissions of ownership for purposes of asserting standing in a hearing on a motion to suppress evidence are not admissible in the criminal trial.

The government, by granting use and derivative use immunity, can compel testimony despite the privilege against self-incrimination.

Other Privileges

Other privileges, recognized in some jurisdictions, include: a priest-penitent privilege; a social worker-client privilege; and privileges not to disclose one's vote, a newsperson's sources or government secrets.