Attorney’s voluntary act of transmitting documents pursuant to a discovery request does not waive any attorney-client privilege in connection with those documents, when the lawyer does not recognize that the documents are subject to the privilege and the client did not know or consent to the production. Only the client can waive the attorney-client privilege under Wis. Stat. §(Rule) 905.11.
In this case, attorney billing records are protected by attorney-client privilege due to the detailed descriptions of the nature of the legal services. Holding is limited to particular facts in this case and not a broad rule that all attorney billing records are protected.
Exception to privilege is only applicable where the patient relies upon the condition as element of his or her claim. Here, patient did not put condition in issue – Protective Services did so by initiating guardianship proceedings.
Multiple issues. See full summary.
Exception to privilege is only applicable where the patient relies upon the condition as element of his or her claim. Here, patient did not put condition in issue – Protective Services did so by initiating guardianship proceedings.
No marital privilege for spouses who are agents in illegal transactions.
Husband-wife privilege is waived by subsequent disclosure.
A witness spouse alone has the privilege to refuse to testify adversely and may be neither compelled to testify nor foreclosed from testifying.
Marital communication privilege does not protect communication between a man and a woman made before marriage.
Filing custody suit and submitting to court-ordered psychological examination and introduction of the psychological report doe not constitute waiver of physician-patient privilege and mandate testimony of wife’s treating physician.
Exceptions to attorney/client privilege for future crimes and physical evidence as opposed to communications.
Husband-wife privilege applies only to confidential communications, not to observations that could have been made by a third party.
Statement to licensed addiction counselor during joint therapy sessions were privileged.
Marital counseling records of custodial father and his second wife are discoverable. Second wife’s mental health is relevant to the best interests of the children.
Marital privilege criticized.
Mother’s psychiatric records not discoverable as such an order would violate psychotherapist-patient privilege. Mental condition not put at issue by asking for custody.
Attorney client privilege is not automatically waived when a party challenges enforceability of a prenuptial agreement.