STATE V. 62.96247 ACRES OF LAND 193 A.2d 799 (1963) CASE BRIEF

STATE V. 62.96247 ACRES OF LAND

193 A.2d 799 (1963)

NATURE OF THE CASE: This was just a short introduction over the issues related to exclusionary rules of evidence on grounds of privilege where the evidence in fact is most probably reliable and wholly determinative of the issues before the court.

RULE OF LAW: The duty of the confidant of nondisclosure of confidential communications is imposed to protect the reliance interest of the communicant with an assent of the community. This is justified by the interests of justice, public health or some similar goal. The reliance interest is protected, as it will encourage desirable communications for the maintenance of certain relationships.

LEGAL ANALYSIS: If you really want to read about privileged communications, particularly attorney client, call the continuing education department of the Virginia Bar and get their book on attorney client privileges. It is the best ever written and it shows in detail how narrow the privileges are and how easy it is to lose them. Basically, these privileges are to be tolerated but not promoted. They stand in the way of the truth and of fact-finding and as such, it is very easy to lose them. In most evidence books and in most professional responsibility courses that this author has briefed and has taken you get the impression that these privileges are fostered and looked upon with favor by the courts but this is far from the truth. When you examine most of the cases in this area of law, you will quickly find that courts will go out of their way to rule that a party has lost their privilege. These privileges contravene the fundamental principles that the public has a right to seek the truth and all the evidence that is competent to the truth should be admitted; thus, they are severely and strictly construed.

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RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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