Toward A Unified Approach to Privileges and Relevancy

Abstract

Courts have made an increasing number of exceptions to traditional privileges. Traditional privileges such as those attorney-client privilege, physician-patient, and husband-wife are perceived as offering less protection. At the same time, courts and legislatures are recognizing a few “limited privileges” and literature is demanding more.

This article argues that a more coherent and consistent approach to privileges could be developed if courts were willing to explore fully the relevancy analysis as it relates to privilege and thereby reassess the role of privilege. A relevancy approach is appropriate because traditional privilege analysis has several problems associated with it that do not allow an effective treatment of established privileges or the recognition of modern needs.

Keywords: Exceptions, Privileges, attorney-client, physician-patient, husband-wife