Federal courts recognize new evidentiary privileges or expand the scope of existing ones affecting privilege communication after analysis of four independent factors.

Question

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Federal courts do recognize new evidentiary privileges or expand the scope of existing ones based on the analysis of four independent factors: (1) the communications must originate in a confidence that they will not be disclosed, (2) this element of confidentiality must be essential to the full and satisfactory maintenance of the relation between the parties, (3) the relation must be one which in the opinion of the community ought to be sedulously fostered, and (4) the injury that would inure to the relation by the disclosure of the communications must be greater than the benefit thereby gained for the correct disposal of litigation. These factors come from the Supreme Court's decision in Jaffee v. Redmond, 518 U.S. 1 (1996), and are used to assess whether a new privilege should be recognized or an existing one should be expanded.

Federal Courts Recognize New Evidentiary Privileges or Expand the Scope