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The Psychotherapist And The Attorney/Client Privileges As They Arise In Civil Rights Disputes, Lewis M. Wasserman Sep 2012

The Psychotherapist And The Attorney/Client Privileges As They Arise In Civil Rights Disputes, Lewis M. Wasserman

Touro Law Review

This article briefly reviews the elements of the psychotherapist-patient and attorney-client privileges and how these privileges may be waived in the context of federal civil rights litigation.


Lingering Questions Of A Supreme Court Decision: The Confines Of The Psychotherapist-Patient Privilege, Jennifer L. Odrobina Jan 2004

Lingering Questions Of A Supreme Court Decision: The Confines Of The Psychotherapist-Patient Privilege, Jennifer L. Odrobina

Cleveland State Law Review

The United States Supreme Court "in light of [its] reason and experience"' has recognized a psychotherapist-patient privilege. The Court has, however, left lingering questions for the lower courts to determine regarding possible exceptions to the privilege. The lower courts have used their own reason and experience to develop exceptions to the privilege. Such exceptions include the crime-fraud exception, waiver exception, and the dangerous-patient exception. Inevitably other exceptions will follow. The Supreme Court should recognize a dangerous patient exception to the psychotherapist-patient privilege to allow a psychotherapist to testify in court when there is "a serious threat of harm to the …