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Evidence-Privileged Communication-Extension Of The Privilege To Communication Involving Agents, C. J. Rice S. Ed.

Michigan Law Review

Within certain limitations, the law immunizes confidential communications made to an attorney, spouse or physician from compulsory disclosure at subsequent judicial proceedings. Frequently, as in the above hypothetical situations, the subject matter of a communication is voluntarily disclosed to a third person for transmittal to the ultimately intended recipient. The third person may be the agent of either of the primary parties. Does this disclosure remove it from the privileged classification, notwithstanding the fact that the parties may still have intended the information to be confidential? It is the purpose of this comment, first, to examine the extent to which …