Evidentiary privileges in Washington, D.C.

Black’s Law defines “privilege” as a “special legal right, exemption or immunity granted to a person or class of persons; an exception to a duty.”

Black’s Law continues:  “A privilege grants someone the legal freedom to do or not to do a given act.  It immunizes conduct that, under ordinary circumstances, would subject the actor to liability.”

An evidentiary privilege is an exception to the general rule that all relevant facts should be available in the truth-seeking process.  The justification behind such an exception is the promotion of some broader social objective.  The purpose of the attorney-client privilege, for example, is to encourage open and candid communications between a person and that person’s lawyer.

The following are privileges that are recognized in D.C.:

—attorney/client
—marital communications
–doctor/patient
–psychotherapist/patient
–penitent/clergy member