State v. Pratt

The question presented by this criminal cause is one of first impression in this State, and yet, it involves “the oldest of the privileges for confidential communications” — that which exists between an attorney and his client. 8 J. Wigmore, Evidence in Trials at Common Law § 2290, at 542 (McNaughton rev. 1961). Stated succinctly, we are asked to decide whether this privilege was violated when, over objection, a psychiatrist, who was retained by defense counsel to examine his client in preparing an insanity defense, was permitted to testify at the instance of the prosecution. Because we…