Privilege

Synonyms

Confidentiality

Definition

Confidentiality is the duty owed the client, whereas privilege is the legal right held by the client, as a function of statute (in most states), with certain exceptions (mandatory reporting, express or implicit waiver, duty to protect, duty to warn; AAFP 1991). It serves as an immunity from disclosure for conversations that take place within the context of a protected relationship, such as that between an attorney and a client, a husband and wife, a priest and penitent, and a doctor (e.g., neuropsychologist) and patient. In Jaffee v. Redmond (1995), the US Supreme Court recognized a psychotherapist-patient privilege in federal common law. The Court, however, failed to define the parameters of the privilege and left the refinement of the common-law definition for the lower federal courts to make on a case-by-case basis. The Court’s decision in Jaffee v. Redmonddemonstrates the intention to establish a strong psychotherapist-patient privilege. Courts...