[WSBAPT] Attorney client privilege

[Diane Kiepe]

Thank you very much.  I will give it another review.  I think I must have
missed something given my conclusion and your notes below.  Much
appreciated.



Diane Kiepe
Kiepe Estate and Probate, PLLC
diane at kiepelaw.com
200 N. Mullan Rd., Suite 203
Spokane Valley, WA  99206
509-280-6414
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On Wed, Jun 17, 2026 at 1:24 AM Andrekita Silva <ak at seattle-silvalaw.com>
wrote:

> Law Office of F. Andrekita Silva
> ______________________________________________________________________________________________________________________________
>
>
> June 17, 2026
>
> Diane,
>
> The spousal privilege is set out at RCW 5.60.060.  I would not say it's
> narrow, it's actually pretty broad. However, there are exceptions big areas
> of exception. Like if one is suing the other in a family law matter like
> divorce, etc. or it's a crime against the other spouse, etc. (like DV).
>
> Spouse 1 can testify if Spouse 2 consents to it. This privilege is like
> any other privilege that can be waived if Spouse 2 "opens the door."  For
> example, testifies "On Friday night, I told Spouse 1 xyz ( a private
> privileged communication)." If they call spouse to testify on their behalf,
> they can be cross-xed as to those subjects.
>
> So, not really  narrow exception.  If I understand your case,  Mr. Smith
> is in a real estate dispute with Mr. Jones, who are adverse parties.  Mr.
> Jones discusses some details of the dispute with his wife, Ms. Jones.
> Unless you find an exception like opening the door, or an 803 hearsay
> exception, etc. I think there would be limitations on calling Ms. Jones to
> impeach testimony by Mr. Jones.
>
>
> Andrekita Silva
> Law Office of F. Andrekita Silva
> 1325 Fourth Avenue, Suite 940
> Seattle, Washington 98101-2509
> 206-224-8288
> ak at seattle-silvalaw.com
>
>
> On 2026/06/16 08:56 AM, Diane Kiepe wrote:
>
> Hello,
>
> I have read information on when spousal privilege exists.  It seems to
> me that it is a very narrow privilege.  If I am reading correctly (and
> I just did a quick read), if a spouse discusses a civil case with his
> or her spouse (for example, matters discussed in a probate, a TEDRA,
> Real Estate dispute with a neighbor, etc.), then that spouse can be
> called as a witness in that case.  Has anyone experienced this
> situation where the non-client spouse was called as a witness at
> trial?  I am likely going to just have spouses together be the client
> but the facts I am dealing with have me thinking.
>
> Any insights any of you may have are appreciated.
>
> Sorry for multiple emails if, like me, you're in multiple sections.
>
> Diane Kiepe
> Kiepe Estate and Probate, PLLC
>
> diane at kiepelaw.com
> 200 N. Mullan Rd., Suite 203
> Spokane Valley, WA  99206
> 509-280-6414
>
> Confidentiality Notice: This page and any accompanying documents
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> disclosure under applicable law and is intended for the exclusive use
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