Confidential Communication

A form of Privileged Communication passed from one individual to another, intended to be heard only by the individual addressed.

A confidential communication is ordinarily between two people who are affiliated in a confidential relation, such as an attorney and client, Husband and Wife, or Master and Servant.

If this type of communication is made in the presence of a third party, whose presence is not necessary for such communication, it is not considered privileged. In certain cases, the presence of a third party might be required, as where there is a language barrier such that one of the individuals engaged in the confidential communication needs an interpreter.

Cross-references

Attorney-Client Privilege; Marital Communications Privilege; Physician-Patient Privilege.

confidential communication

n. certain written communications which can be kept confidential and need not be disclosed in court as evidence, answered by a witness either in depositions or trial, or provided to the parties to a lawsuit or their attorneys. This is based on the inherent private relationship between the person communicating and the confidante's occupation or relationship to him/her. They include communications between husband and wife, lawyer and client, physician or other medical person (most therapists) and patient, minister or priest and parishioner (or anyone seeking spiritual help), and journalist and source in some states. Moral conflicts may arise when a murderer or child molester confesses to his/her priest, who is pledged to silence and confidentiality by his priestly vows, and cannot reveal the confession in legal cases. (See: privileged communication, attorney-client privilege)