Bryant’s motions and the victim’s right to privacy |

Bryant’s motions and the victim’s right to privacy

The inquiry concerned whether the alleged victim had waived what was otherwise privileged by her disclosure of that information to third parties. That is, people not involved with her in the capacity of providing medical services.

The proceedings gave rise to three concepts which, if you’re following the bouncing ball of the Kobe Bryant matter, may be of interest. To assist you in tracking that elusive ball, let’s focus on those three concepts: privilege, in camera review, and offers of proof.

While privilege may be the domain of the rich, in law “privilege” is the realm of one-and-all. In a sense, “privilege” means what is yours to keep all to yourself or to share only with those with whom you choose to share it. Privilege is the antithesis of what you learned in kindergarten. With apologies to Robert Fulghum, you don’t have to share and you get to riot in the unrestrained glee of not sharing.

Considered otherwise, privilege is a right, power, franchise or immunity held by a person against or beyond the course of the law. Privilege creates an exception to the normal flow and rules of the legal universe. What you might otherwise be compelled to do, or to disclose, you don’t have to do or disclose because the blessed goose of privilege has endowed in you the gold egg.

Privileges recognized at law, while few and dear, are key to many of the freedoms we enjoy and blithely take for granted. Take, for example, attorney-client privilege. Communications between a client and his or her attorney (and vice versa) are sacrosanct.

The relationship between a client and the client’s counsel is “protected.” Therefore, what you might say to me as your attorney, and what I might answer in reply, is confidential and is protected from disclosure.

Similarly, other relationships, and the c

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