(A) Communications and Information that is exchanged between two people who have both (i) an intention that the communication shared should be kept confidential and not shared, and (2) have a private relationship which the law recognize a special privilege. Such privileged communications that cannot be compelled to be disclosed in court (barring special exceptions) and which include communications between spouses, a doctor and patient, attorney and client, and priest/rabbi and congregant who is in confession of private religious matters. The purpose is to foster these important relationships without the fear of the law intervening to compel testimony which would prevent the ability of these people the need to freely share such information. Privacy and confidentiality is essential as the presence of a third party which the privilege may not apply (such as a discussion in an elevator which is in the presence of an unknown third person.) See also privileged communication. (B) evidence. Whatever is communicated professedly by a client to his counsel, solicitor, or attorney, is considered as a confidential communication. 2. This the latter is not permitted to divulge, for this is the privilege of the client and not of the attorney. 3. The. rule is, in general, strictly confined to counsel, solicitors or attorneys, except, indeed, the case of an interpreter between the counsel and client, when the privilege rests upon the same grounds of necessity.
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Law Dictionary » C » CONFIDENTIAL COMMUNICATION