Discuss completely one testimonial privilege. Develop an example scenario. Be sure to use the appropriate
terms and elements.

 

Testimonial privilege is gives a witness a right to refuse to testify against a person in a criminal case. An example of this is a attorney-client privilege

Step-by-step explanation

Attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. An attorney cannot divulge any communications or secrets disclosed by his client. For this privilege to be applied, the following must be present in order for the privilege to apply. To wit:

(1) There exists an attorney-client relationship, or a prospective attorney-client relationship, and it is by reason of this relationship that the client made the communication;

(2) The client made the communication in confidence; and

(3) The legal advice must be sought from the attorney in his professional capacity.      

For example, A sought Atty. B's assistance in an estafa case filed by C against him. A told Atty. B the schemes he used in order to defraud C. Atty. B advised him the possible punishment that he will face if the court will render a verdict of guilty. Later on, A and Atty. B had a huge fight since A discovered that Atty. B is having an illicit relationship with his wife. C knew that Atty. B was A's former lawyer and he had knowledge that A and Atty. B are not in good terms anymore. C then, went to Atty. B and asked him if he could testify against A.

Is Atty. B allowed to testify against A in the estafa case?

The answer is no. Applying all the elements, there is an attorney-client relationship between Atty. B and A. A, as a client, made a communication in confidence to Atty. B the schemes he made in order to defraud C. Atty. B also made some legal advice as to the penalties or punishments under the law in his professional capacity. Hence, Atty. B is not allowed to testify against C in an estafa case.