California Registered Dental Hygienist (RDH) Law and Ethics exam

What is the best explanation of privilege for a client who is reluctant to talk due to potential court implications?

1. It is an ethical concept involving the right of a social worker to withhold information in a legal proceeding

2. It's a legal and ethical principle which involves a restriction on information of the client

3. It is a legal principle that protects client conversations unless there is a court order

4. Attorney/client privilege extends to the client of a social worker that the attorney uses for referrals

The correct answer is: It is a legal principle that protects client conversations unless there is a court order

Privilege, in the context of client relations, refers to a legal protection that guards confidentiality of communications between a client and their professional advisor. When addressing a client's reluctance to speak due to concerns about court implications, it is crucial to communicate that privilege serves to protect the conversations held by the client with their professional from being disclosed in legal proceedings, unless a court order requires otherwise. This principle exists to foster open and honest communication between clients and professionals, ensuring that sensitive information can be shared without the fear of legal repercussions. The legal framework surrounding privilege in many cases allows clients to engage freely with their social workers, therapists, or attorneys, encouraging a deeper, more productive professional relationship. In this instance, invoking the concept of privilege can alleviate the client’s concerns, allowing them to understand that their disclosures will remain confidential unless legally mandated otherwise. Other options provided, while related to the broader concept of privilege, do not fully encapsulate this core aspect of legal protection against court disclosure, which is central to the client’s apprehension.