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.

References in classic literature ?
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.
Pardiggle, in return, make any confidential communication to Mr.
The construction of telecommunications and security systems for oil refinery plants requires industry-specific system design and construction know-how, such as the utilization of electronic devices to which explosion-proofing processes have been applied in order to reduce the risk of fires and explosions, and designs that physically isolate networks that handle highly confidential communications from regular telecommunications networks.
This significant ruling affirms Birch's position as the industry leader in protecting its clients' private, confidential communications.
It could lead to the theft of passwords, confidential communications, credit card numbers and other confidential data.
Executive (nonpublic) session to consider new employment, to discuss confidential communications from attorney and labor negotiations.
It protects communications or correspondence consisting of confidential communications between a client and an attorney for the purpose of obtaining and receiving legal advice.
Keita said that Saif's effective representation could not be secured in a situation where the OPCD lacks the ability to carry out confidential communications and share private documents with Gaddafi on a regular basis.
A solid plan must be developed to uphold attorney-client privilege to protect both the attorneys and their clients from being forced to disclose confidential communications between them during the course of the investigation.

Full browser ?