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Toward A Unified Approach to Privileges and Relevancy

Memphis State University Law Review, Vol. 17, No. 1, 1986

31 Pages Posted: 22 May 2010  

Thomas F. Guernsey

Thomas Jefferson School of Law; Albany Law School

Date Written: 1986

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

Suggested Citation

Guernsey, Thomas F., Toward A Unified Approach to Privileges and Relevancy (1986). Memphis State University Law Review, Vol. 17, No. 1, 1986. Available at SSRN: https://ssrn.com/abstract=1612763

Thomas F. Guernsey (Contact Author)

Thomas Jefferson School of Law ( email )

1155 Island Ave
San Diego, CA 92101
United States

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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