All therapists should be aware of the laws relating to privilege, in order to understand their obligations and limitations in order to proceed properly in professional conduct.  This information is provided here for edification of the therapist, and is NOT intended to provide legal advice.  You must consult with your own attorney in order to determine the best course of action for your own circumstances.  Hopefully, if you are aware of these statutes, rules, and definitions, you will be wise, cautious, and know when to call your attorney for assistance.

Source. 1998, 234:1, eff. Oct. 31, 1998.
from: http://www.gencourt.state.nh.us/rsa/html/XXX/330-A/330-A-32.htm

Privilege Explicated:

330-A:32 Privileged Communications. –

What is covered: The confidential relations and communications

Who: between any person licensed under provisions of this chapter and such licensee's client

extent of privilege: are placed on the same basis as those provided by law between attorney and client, [ref below / dw]

Compulsion: and nothing in this chapter shall be construed to require any such privileged communications to be disclosed, unless such disclosure is required by a court order.

Confidential relations and communications between a client and any person working under the supervision of a person licensed under this chapter which are necessary and customary for diagnosis and treatment are privileged to the same extent as though those relations or communications were with the supervising person licensed under this chapter, unless such disclosure is required by a court order. This section shall not apply to hearings conducted pursuant to RSA 135-C:27-54 [IEA process / dw] or RSA 464-A [Appointing Guardians & Conservators / dw].

RULES OF EVIDENCE: ARTICLE V. PRIVILEGES

    (a) Definitions. As used in this rule:

        (1) A "client" is a person, public officer, or corporation, association, or other organization or entity, either public or private, who is rendered professional legal services by a lawyer, or who consults a lawyer with a view to obtaining professional legal services from him.

        (2) A "representative of a client" is one having authority to obtain professional legal services, or to act on advice rendered pursuant thereto, on behalf of the client.

        (3) A "lawyer" is a person authorized, or reasonably believed by the client to be authorized, to engage in the practice of law in any state or nation.

        (4) A "representative of the lawyer" is one employed by the lawyer to assist the lawyer in the rendition of professional legal services.

        (5) A communication is "confidential" if not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication.

    (b) General Rule of Privilege. A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client (1) between the client or his or her representative and the client's lawyer or the lawyer's representative, (2) between the client's lawyer and the lawyer's representative, (3) by the client or the client's representative or the client's lawyer or a representative of the lawyer to a lawyer or a representative of a lawyer representing another party in a pending action and concerning a matter of common interest therein, (4) between representatives of the client or between the client and a representative of the client, or (5) among lawyers and their representatives representing the same client.

    (c) Who May Claim the Privilege. The privilege may be claimed by the client, the client's guardian or conservator, the personal representative of a deceased client, or the successor, trustee, or similar representative of a corporation, association, or other organization, whether or not in existence. The person who was the lawyer or the lawyer's representative at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the client.

    (d) Exceptions. There is no privilege under this rule:

        (1) Furtherance of Crime or Fraud. If the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit in the future what the client knew or reasonably should have known to be a crime or fraud;

        (2) Claimants Through Same Deceased Client. As to a communication relevant to an issue between parties who claim through the same deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction;

        (3) Breach of Duty by a Lawyer or Client. As to a communication relevant to an issue of breach of duty by the lawyer to his client or by the client to his lawyer;

        (4) Document Attested by a Lawyer. As to a communication relevant to an issue concerning an attested document to which the lawyer is an attesting witness;

        (5) Joint Clients. As to a communication relevant to a matter of common interest between or among two or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between or among any of the clients.

from: http://www.nh.gov/judiciary/rules/evid/evid-502.htm

RULES OF EVIDENCE: ARTICLE XI. MISCELLANEOUS RULES

    (a) Courts. - These rules apply to the proceedings in the district courts, probate courts, superior court, and the supreme court.

    (b) Proceedings Generally. - These rules apply generally to all civil and criminal proceedings unless otherwise provided by the constitution or statutes of the State of New Hampshire or these rules.

    (c) Rule of Privilege. - The rule with respect to privileges applies at all stages of all actions, cases, and proceedings.

    (d) Rules Inapplicable. - The rules (other than with respect to privileges) do not apply in the following situations:

        (1) Preliminary Questions of Fact. - The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Rule 104.

        (2) Grand Jury. - Proceedings before grand juries.

        (3) Miscellaneous Proceedings. - Proceedings for extradition or rendition; preliminary examinations in criminal cases; juvenile certification proceedings under RSA 169-B:24; sentencing, or granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; proceedings with respect to release on bail or otherwise; contempt proceedings in which the court may act summarily; proceedings with respect to parole revocation or probation violations; recommittal hearings; divorce cases; and domestic violence proceedings.

from: http://www.nh.gov/judiciary/rules/evid/evid-1101.htm

Additional Definitions

subpena duces tecum
: (suh-pea-nah dooh-chess-take-uhm or dooh-kess-take-uhm): a court order requiring a witness to bring documents in the possession or under the control of the witness to a certain place at a certain time. This subpena must be served personally on the person subpenaed. It is the common way to obtain potentially useful evidence, such as documents and business records, in the possession of a third party. A subpena duces tecum must specify the documents or types of documents (e.g. "profit and loss statements of ABC Corporation for years 1987 through 1995, all correspondence in regard to the contract between ABC Corporation and Merritt") or it will be subject to an objection that the request is "too broad and burdensome." To obtain documents from the opposing party, a "Request for Production of Documents" is more commonly used. Failure to respond to a subpena duces tecum may subject the party served with the subpena to punishment for contempt of court for disobeying a court order.

from: http://dictionary.law.com/default2.asp?selected=2042&bold=
 

order
1) n. every direction or mandate of a judge or a court which is not a judgment or legal opinion (although both may include an order) directing that something be done or that there is prohibition against some act. This can range from an order that a case will be tried on a certain date, to an order that a convicted defendant be executed at the state prison. 2) v. for a judge to direct that a party before the court perform a particular act or refrain from certain acts, or to direct a public official or court employee (like a sheriff) to take certain actions such as seizing property or arresting an AWOL defendant.

from: http://dictionary.law.com/default2.asp?selected=1408&bold=||||
 

motion
n. a formal request made to a judge for an order or judgment. Motions are made in court all the time for many purposes: to continue (postpone) a trial to a later date, to get a modification of an order, for temporary child support, for a judgment, for dismissal of the opposing party's case, for a rehearing, for sanctions (payment of the moving party's costs or attorney's fees), or for dozens of other purposes. Most motions require a written petition, a written brief of legal reasons for granting the motion (often called "points and authorities"), written notice to the attorney for the opposing party and a hearing before a judge. However, during a trial or a hearing, an oral motion may be permitted.

from: http://dictionary.law.com/default2.asp?selected=1287&bold=||||
 

motion in limine
(lim-in-nay) n. Latin for "threshold," a motion made at the start of a trial requesting that the judge rule that certain evidence may not be introduced in trial. This is most common in criminal trials where evidence is subject to constitutional limitations, such as statements made without the Miranda warnings (reading the suspect his/her rights).

from: http://dictionary.law.com/default2.asp?selected=1291&bold=||||
 

All therapists should be aware of the laws relating to privilege, in order to understand their obligations and limitations in order to proceed properly in professional conduct.  This information is provided here for edification of the therapist, and is NOT intended to provide legal advice.  You must consult with your own attorney in order to determine the best course of action for your own circumstances.  Hopefully, if you are aware of these statutes, rules, and definitions, you will be wise, cautious, and know when to call your attorney for assistance.

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