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Confidential Communication

privilege presence party privileged

A form of PRIVILEGED COMMUNICATION passed from one individual to another, intended to be heard only by the individual addressed.

A confidential communication is ordinarily between two people who are affiliated in a confidential relation, such as an attorney and client, HUSBAND AND WIFE, or MASTER AND SERVANT.

If this type of communication is made in the presence of a third party, whose presence is not necessary for such communication, it is not considered privileged. In certain cases, the presence of a third party might be required, as where there is a language barrier such that one of the individuals engaged in the confidential communication needs an interpreter.

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