...precision. But if the purpose of the attorney-client privilege is to be served, the attorney and client must be able to predict with some degree of certainty...courts, is little better than no privilege at all. The very terms of the test adopted by the court below suggest the unpredictability of its application....

...with some degree of certainty whether particular discussions will be protected. An uncertain prvilege, or one which purports to be certain but results in...courts is, little better than no privilege at all." The members of the ABA Grand Jury Committee are quite concerned about the tremendous increase in the...

...discussions will be protected. An uncertain privilege, or one that purports to be certain but results hi widely varying applications by the courts, is little better than no privilege at all."38 This passage from the opinion is a clear signal that the Court intended the factors considered...

...communication that the privilege seeks to protect.134 As the United States Supreme Court has noted, "[a]n uncertain privilege, or one which purports to...courts, is little better than no privilege at all." 13S Our concern is that proponents of the privilege will not be satisfied in the end with anything...

...necessary for diagnosis and treatment if they feel that their right to privacy will not be honored and protected. i7 Physicians, in turn, have begun to avoid...speech, at 3. "Louis Harris and Equifax Poll, 1993. "Time/CNN Poll, 1996. "Shalala speech, at 3. i7 Report of the Task Force on Patient Privacy and Confidentiality,...

...there is wide agreement that confidentiality is a sine qua non for successful psychiatric treatment."21 Further, the Court found that protecting and preserving...the beneficial effect on quality is to be realized. 13 Shalala speech, at 3. 14 Louis Harris and Equifax Poll, 1993. 15Time/CNN Poll, 1996. 16 Shalala...

...contents of the conversation. In its decision the US Supreme Court said that "participants [in therapy] must be able to predict with some degree of certainty...courts, is little better than no privilege at all" (116 S. Ct. 1923, 1932 [1996]). Over the years courts have identified a number of exceptions to the...

...eviscerate the effectiveness of the privilege. As we explained in Upjohn, if the purpose of the privilege is to be served, the participants in the confidential...courts, is little better than no privilege at all." 449 US, at 393 . These considerations are all that is necessary for decision of this case. A rule that...

...and ncwsgatherers, as an '"uncertain privilege, or one which purports to be certain but results hi widely varying applications by the courts, is little better than no privilege at all. '"* ' The experience of the States is by no means unique. Particularly in other democratic nations...