legal confidentiality

April 2, 2006 10:14 PM

If someone writes a letter to their clergy, can someone deposition the contents of that letter from either the sender or the receiver? Should the sender ask the receiver to destroy it?
posted by mecran01 to law & government (7 comments total)

What country?
posted by tkolar at 11:13 PM on April 2, 2006

read this...
posted by Izzmeister at 11:21 PM on April 2, 2006

Note that a letter written to your clergy doesn't seem (to me, anyway) to fall under the same blanket as, say, a personal confession in a Catholic church would. But I'm totally just guessing on that one.
posted by antifuse at 4:12 AM on April 3, 2006

There is a distinction to be made between documents subject to legal privilege (such as correspondence with your lawyer) and documents subject to other types of privilege (medical records, letters to clergy, etc.).

Generally speaking, courts have upheld solicitor-client privilege, but not other types of privilege. Of course, there will be variances depending on the legal system where you live.

And, of course, IANAL.
posted by gwenzel at 10:35 AM on April 3, 2006

Based on your comment and the earlier link, it sounds like a confessional conversation is the most protected, unless you or your clergy member is aligned with a domestic or international terrorist organization.

Even knowing that it is murky is interesting.
posted by craniac at 10:56 AM on April 3, 2006

California's code looks very straightforward. While googling, it appears that mandatory reporting of child abuse is just one of the situations in which confidentiality can be waived. It depends on the state. Also, it would seem that one has little recourse if the clergy chooses to spill the beans.
posted by craniac at 11:30 AM on April 3, 2006

The asker is living in Utah, according to their Google Maps.

I am not familiar with Utah law, but here in Canada the letter is theoretically protected as privileged communications.
But given a good reason, the courts can and do waive that confidentiality.
posted by Count Ziggurat at 1:18 PM on April 3, 2006