Confidential communications

CONFIDENTIAL COMMUNICATIONS, 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. 3 Wend. R. 339. In New York, contrary to this general rule, tinder the statute of that state, it has been decided that information disclosed to a physician while attending upon the defendant in his professional character, which information was necessary to enable the witness to prescribe for his patient, was a confidential communication which the witness need not have testified. about; and in a case where such evidence had been received by the master, it was rejected. 4 Paige, R. 460.
     4. As to the matter communicated, it extends to all cases where the party applies for professional assistance. 6 Mad. R. 47; 14 Pick., R. 416. But the privilege does not extend to extraneous or impertinent communications; 3 John. Cas. 198; nor to information imparted to a counsellor in the character of a friend, and not as counsel. 1 Caines' R. 157.
     5. The cases in which communications to counsel have been holden not to be privileged may be classed under the following heads: 1. When the communication was made before the attorney was employed as such; 1 Vent. 197; 2 Atk. 524; 2. after the attorney's employment has ceased 4 T. R. 431; 3. when the attorney was consulted because he was an attorney, yet he refused to act as such, and was therefore only applied to as a friend; 4 T. R. 753; 4. where a fact merely took place in the presence of the attorney, Cowp. 846; 2 Ves. 189; 2 Curt. Eccl. R. 866; but see Str. 1122; 5. when the matter communicated was not in its nature private, and could in no sense be termed the subject of a confidential communication; 7 East,, R. 357; 2 B. & B. 176; 3 John' Cas. 198; 6. when the things disclosed had no reference to professional employment, though disclosed while the relation of attorney and client subsisted; Peake's R. 77; 7. when the attorney made himself a subscribing witness; 10 Mod. 40 2 Curt. Eccl. R. 866; 3 Burr. 1687
     8. when he was directed to plead the facts to which he is called to testify. 7 N. S. 179. See a well written article! on this subject in the American Jurist, vol. xvii. p. 304. Vide, generally, Stark. Ev. h.t.; 1 Greenl. Ev. Sec. 236-247; 1 Peters' R. 356; 1 Root, 383; Whart. Dig. 275; Caryls' R. 88, 126, 143; Toth. R. 177; Peake's Cas. 77 2 Stark. Cas. 274; 4 Wash. C. C. R. 718; 11 Wheat. 280; 3 Yeates, R. 4; 4 Munf. R. 273 1 Porter, R. 433; Wright, R. 136; 13 John. R. 492. As to a confession made to a catholic priest, see 2 N. Y. City Hall Rec. 77. Vide 2 Ch. Pr. 18-21; Confessor.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in classic literature ?
'I assume,' said Arthur, persevering, in his endeavour to soften her scornful demeanour, 'that being in communication--may I say, confidential communication?--with this person--'
Blanche was in confidential communication with Mrs.
Meantime Lucas Beaumanoir walked in a small garden belonging to the Preceptory, included within the precincts of its exterior fortification, and held sad and confidential communication with a brother of his Order, who had come in his company from Palestine.
A long and confidential communication now succeeded, during which the young man received some additional insight into his duty, from the experience and native acuteness of his commander, and then the former took his leave.
As we were waiting for the lift she came hurrying along the corridor, with her eyes fastened on Miss Haldin's face, and drew her aside as if for a confidential communication. It was not long.
Her deceased mother had established the business, and on that parent's demise she had appropriated a secret capital of fifteen shillings to establishing herself in it; the existence of such capital in a pillow being the last intelligible confidential communication made to her by the departed, before succumbing to dropsical conditions of snuff and gin, incompatible equally with coherence and existence.
Pardiggle, in return, make any confidential communication to Mr.
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