ys and their clients and thereby promote broader public interests in the observance of law and administration of justice."
The duty of the lawyer to preserve client confidences and the concomitant privilege are, therefore, closely related to the right to counsel guaranteed by the Sixth Amendment to the Constitution and the right against self-incrimination guaranteed under the Fifth Amendment. The key elements which must be present are: (1) that legal advice is sought by the client from the lawyer acting in a professional legal capacity for the purpose of advancing the client's legal interests; (2) the disclosures are made in confidence; and (3) the client has not waived the privilege.
Unlike the lawyer, the doctor's obligation to maintain patient confidences is just one of many duties the doctor has to the patient, to others and to society at large. So, if the doctor in the course of treatment learns of dangers presented to others by the patient's condition, such as danger of communicable disease, or the threat of imm
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