[WSBARP] [WSBAPT] Attorney client privilege

[Andrekita Silva]

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
> 
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