Five Elements of Privilege
HCR 460: Investigations and Disclosures in Health Care Compliance
The five elements of privilege are communication, communication made in confidence, communication made to or by an attorney, the purpose of the communications related to the client’s reasons for seeking representation, and privilege being waived or not waived (Niewenhous. 2018). The communication between the client and the attorney can be written or verbal (Niewenhous. 2018). The conversation must be made in confidentiality and not be shared with anyone other than the client and the attorney(s) on the case (Niewenhous. 2018). However, not all communications are made privileged, as all communications must be related to the case in order for them to be applied to privilege (Niewenhous. 2018).
Lastly, the privilege can be waived such as being shared with an accountant, etc. must be otherwise kept privileged (Niewenhous. 2018). The work product doctrine is a protection that helps protect any disclosures, documents, and materials in litigation (Niewenhous. 2018). However, in some instances, the protections can be waived depending on the circumstance (Niewenhous. 2018). The doctrine expands to more than just communications when it comes to protecting documents and materials (Niewenhous. 2018).
Resource
· Niewenhous, M. Daria. 2018, March. Compliance Investigations: Privilege & Process. Retrieved from https://www.bloomberglaw.com/external/document/X602T9VK000000/health-care-operations-compliance-professional-perspective-compl
