Can your wife be your lawyer?

The witness privilege is more limited than the privilege of communications. Unlike the privilege of communication, the witness privilege between husband and wife can only be affirmed by one of the spouses. Only one of the spouses, either the witness spouse, that is, the spouse who is being called to testify, or the spouse of the party, i.e. the spouse at trial, can assert the privilege.

Now, compare that to a husband who buys his wife flowers at random intervals or during periods of stress for the wife. We have seen scenarios where the husband, for example, can go and meet with the four, five or six most important divorce lawyers in a community, spend an hour with each one, pay for an initial consultation, and then, when his wife calls them trying to find a lawyer for her, none of them can meet with her because they have state in conflict. Therefore, if you or your spouse are sued in a court case, husband-wife privilege will prevent confidential communications from being used as evidence against you or your spouse.

Ava Banerji
Ava Banerji

General sushi evangelist. Incurable food scholar. Wannabe gamer. Travel guru. Hipster-friendly travel specialist.

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