September 25, 2020

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Ryley Carlock & Applewhite Shareholder Publishes Law Journal Article Exploring Friendship Priviledge

Ryley Carlock & Applewhite Shareholder Mike Moberly’s article, “Must a Friend Indeed Reveal a Friend’s Misdeed? Exploring the Merits of a Friendship Privilege,” was published in the Fall 2020 issue of St. Mary’s Law Journal. The article, which can be accessed at www.stmaryslawjournal.com, discusses the potential recognition of a testimonial privilege protecting confidential communications between friends.  Although there has been no legislative or judicial recognition of such a privilege to date, Mike draws on prior scholarly authority to conclude that recognition of a friendship privilege analogous to the marital communications privilege and other gradually emerging family privileges may be warranted, and calls for more rigorous judicial and academic examination of that possibility.

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