PRIVILEGED COMMUNICATION

in law, communication between persons who have a special duty of fidelity and secrecy toward each other. Communications between attorney and client are privileged and need not be divulged when made in connection with prospective litigation. The right of privileged communication exists between husbands and wives in that they are not required to testify against each other. In many jurisdictions the privilege exists between physicians (particularly psychiatrists) and patients, as the courts have begun to recognize that the basis of a doctor-patient relationship is trust, which would be negated were the doctor forced to reveal patients' communications in court. Although many members of the clergy insist on the same rights and refuse to testify in court, they have at times been held in contempt of court for refusing to reveal alleged confidences. In general, however, judges have been hesitant to resort to such measures. Reporters have claimed the right to privileged communication and have refused to reveal the sources of their information. In 1972, however, the U.S. Supreme Court rejected a news reporter's claim of confidentiality in Branzburg v. Hayes.