Attorney/Client Privilege Self-Quiz
A few months
after being elected Senator, Cliffton was charged by the federal government
with tax evasion. The whole country focused in on the case – talk
shows featuring politicians enjoyed skyrocketing ratings, the kids on
MTV felt the need to discuss the case in daily news briefings, and even
the Animal Planet station rearranged its regular schedule to accommodate
news from the Cliffton front. The federal prosecutor assigned to the case
served a subpoena requiring Cliffton’s attorney to turn over some
records of Cliffton’s savings accounts that Cliffton had delivered
to her attorney. The attorney refused to turn over the records. The prosecutor
tried to compel production. What will the court do?
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Russ Crewe,
a big movie star, was walking on a sidewalk in New York City on the Upper
West Side when he slipped on some ice outside The Bagel Shop, fell flat
on his face and fractured his cranium, losing his front teeth in the process.
Doctors also decided his nose had to be amputated when gangrene later
got a hold of it. He sued The Bagel Shop’s owner for negligence.
The owner claimed that the ice had just formed an hour or so before Crewe
slipped on it, and that he, the owner, had scraped the ice twice before
on the day of Crewe’s career-ending injury. Apparently the owner
had sought legal advice and representation by one Attorney Atul before
deciding on Attorney Beeg. Plaintiff Crewe’s attorney found out
about the owner’s meeting with Atul and decided he’d put Atul
on the stand and get him to tell the court what he knows about the owner’s
actions on the fateful day of the injury. Beeg objects to the testimony.
How would the court rule on admissibility?
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Benny Hur
sues Oliver Kromwhale in tort after Kromwhale, driving recklessly, slammed
into Hur’s car on the driver’s side. Hur suffered a compound
fracture of the left femur. Apparently, before the accident, Kromwhale
was in a bloody rage because his wife refused to let him go to the Neil
Diamond concert until Kromwhale did the dishes. Kromwhale refused to do
the dishes and left for the concert without Mrs. Kromwhale’s permission,
hitting Hur along the way. Both Kromwhale and his wife met with his attorney
at a big law office. The attorney’s paralegal took notes about the
accident and the surrounding circumstances. Oliver told the story about
how uncontrollably angry he had been prior to the accident. During the
interim between discovery and trial, the paralegal left the law firm.
Hur’s attorney calls the paralegal to the stand at trial to testify
as to what Oliver said regarding his rage. Oliver’s attorney objects.
The court will hold:
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. Mrs. Gruenbaum
arrived at her lawyer’s office about an hour before her scheduled
appointment, hoping that Attorney Spielkiss would be free to meet with
her earlier. Mrs. Gruenbaum was worried that she wouldn’t get home
in time to heat up her husband’s meat sauce, which she prepares
every Thursday – her husband has no clue how to operate the stove
or their microwave. As the hour passes, Mrs. Gruenbaum gets more and more
fidgety. Other clients stream into the waiting room, and some are attended
to before Mrs. Gruenbaum, even though she arrived first. Attorney Spielkiss
comes out of his office about five minutes after his appointment with
Mrs. Gruenbaum was scheduled, and Mrs. Gruenbaum is in a tizzy. She screams,
in front of everyone in the office, “Spielkiss – where’ve
you been? I’ve been waitin’ over an hour fer ya. We got a
lot to tawk about. The @##!!***** government’s on my back about
payin’ taxes on that sale I made to Sotheby’s. Hah Hah! They’ll
never find out where I stashed the proceeds, the crooks! They think they
can bankrupt me --- well, they’re wrong, right? Right? Honey, you
look like you need a vacation. I heard Boca’s a beauty this time
of the year. Did you eat any fruit today? You need vitamin C. What did
your mother, may she rest in peace, say about your eating habits? She’s
probably having another fatal heart attack right now, watching you waste
away from above.”
If a government attorney wanted to subpoena one of the witnesses to Mrs. Gruenbaum’s fit in Spielkiss’s office, would Mrs. Gruenbaum be entitled to invoke the attorney-client privilege? |
Mrs. O’Leary
met with her attorney, Bessie Cowherd, regarding her insurance policy.
The O’Leary home was set ablaze the prior week when Mrs. O’Leary
fell asleep with a lighted Cuban cigar dangling from her mouth. Dropping
the cigar from her mouth while dreaming of hot apple pie a la mode, Mrs.
O’Leary accidentally set the bedroom curtains on fire. The curtains
then set the carpeting on fire, at which point the fire spread and the
whole house started to burn. Fortunately, everyone in the house escaped
safely. However, the O’Leary family lost many precious belongings.
Mrs. O’Leary asked Attorney Cowherd what strategy to use to make
the insurance company believe her belongings were worth millions, even
though the bluebook value of the house’s contents was about $10,000.
Attorney Cowherd would not answer Mrs. O’Leary’s question,
and instead tried to change the topic to hot apple pie a la mode, on which
Mrs. O’Leary gladly focused her attention. Mrs. O’Leary was
later prosecuted for insurance fraud. Could Attorney Cowherd be required
by the government to answer a question regarding Mrs. O’Leary’s
quest for advice on how to obtain millions in insurance proceeds?
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Kat Lincoln
met with an attorney she had never worked with before, Neuman Fisch, regarding
an estate plan. Kat wanted to minimize her estate tax liability with irrevocable
trusts, and Neuman was reputed to be one of the best planners in the county.
He had apparently done some estate planning for members of the Gates family,
heirs to Bill Gates’s Microsoft billions, and obviously knew what
he was doing. A few months after their meeting, and after Neuman had diligently
prepared a foolproof estate plan, Kat’s legal bill came due. She
figured it wouldn’t matter if she paid later. So Kat sat on it for
a while, though Neuman kept sending past due notices. Soon a collection
agency started calling at dinnertime about the legal bill. Kat figured
she’d pay sometime down the road, but not yet. So Neuman decided
to sue. Kat’s new attorney, on behalf of Kat, invoked the attorney-client
privilege when Neuman tried to introduce testimony about the Kat-Neuman
attorney-client relationship. What will a court hold?.
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Moses Pipik
sought the assistance of Sarah Adveisberg on an initial public offering
for his company, which specialized in the sale of freeze-dried cat food
for astronauts who want to take their pets on trips to the International
Space Station. Pipik found Wall Street to be very receptive to his idea.
He got his feet off the ground with a fabulous amount of venture capital,
and is sure the public would invest in his firm given its chance of success.
So he hoped Sarah could help. Unfortunately, Sarah never did any initial
public offerings, and only had experience in corporate document production
for large litigation projects. So Pipik took his business elsewhere. If
Sarah is compelled to divulge details about her meeting with Pipik, must
she answer?
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Danny Marino,
a quarterback on the Clarksburg Huns, decided (perhaps thoughtlessly)
to play catch with a friend in a moving car opposite his, while the cars
were speeding at 80 m.p.h. on the Jersey Turnpike. Danny tossed his football
as hard as he could, hoping to hit his friend on the numbers. Unfortunately,
Peter Boulez, driving his wife Dotty to a glockenspiel and marimba lesson,
was caught in between and the football smashed into the passenger side
window. Dotty suffered cuts and bruises to her face that required some
plastic surgery to fix. Later in life, Dotty considered the accident a
blessing, because the plastic surgeon made her look twenty years younger.
But right after the accident she was in emotional and physical pain and
sought to sue Danny and friend for all they had (which wasn’t much).
Peter and Dotty went to a lawyer to discuss how to pursue a personal injury
suit against Danny and Danny’s friend. They discussed, among other
things, Dotty’s physical condition. At trial, Danny’s attorney
calls Dotty’s lawyer to testify to Dotty’s physical condition
during the time of their initial attorney-client meeting. The lawyer’s
testimony is:
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Hilda Panth
was on trial for tax evasion. She hired Lawra Seisin to represent her.
While preparing for the case, Lawra hired an accountant to put together
a financial statement for Lawra’s use during Hilda’s trial.
The government sought this accountant’s testimony regarding Hilda’s
finances. Hilda asks Lawra to object. What is the outcome?
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Bunny and
Clythe were sitting on the grass by an access ramp off the parkway smoking
a big fat joint that Clythe scored off of a friend named Reaper behind
his college’s handball court. Bunny and Clythe were at the beginning
of a beautiful friendship and they were enjoying a moment they would never
forget – not because of their nice little marijuana picnic, but
because suddenly an old Mercury Grand Marquis driven by Stan deManne sped
up the access ramp and smacked into Clythe like a hockey player checking
an opponent. Clythe writhed in pain, gasping for breath while Bunny sat
and thought about the horror of it all in the hazy abstract. Stan deManne
the next day retained (of all the lawyers in the county) the next-door
neighbor of Bunny. Not knowing this, Bunny later went to her lawyer-next-door
and asked him how she could avoid having to testify about smoking pot
at the time Clythe was hit. May the lawyer call Bunny to the stand to
testify about what she asked him?
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Ben Frankland
suffered injuries when he slipped on slimy eggs that had cracked open
onto a supermarket floor. He accidentally wore his reading glasses instead
of his bifocals, and couldn’t see properly. Frankland sued the supermarket
to recover for his injuries and time away from his work as a diplomat,
scientist, postmaster general, and celebrated internet smut magazine publisher.
Frankland’s attorney hired a physician to examine Frankland in order
to help the attorney prepare the personal injury case. The adversary wants
to call the physician to the stand at trial in order to ask about statements
Frankland made to the physician about his injuries, which the physician
in turn reported to Frankland’s attorney. The physician’s
testimony is:
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Successful
corporate lawyer Mumford Karl was sued by the IRS for nonpayment of taxes.
The IRS demanded that Mumford turn over papers relating to his client’s
billings. The IRS asserted that they needed to study the documents to
determine Mumford’s income. Mumford refused to hand over the documents.
The documents will be:
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Perry worked
in the county courthouse for years. Everyone he knew called him “Perry
Mason,” just like the famous television lawyer. Perry was a wise
old man, and used to “hold court” (as he liked to call it)
on his porch late at night for friends and neighbors who wanted company,
good cheer and some cold beer. One night, a neighbor named Bucky came
by and told Perry in confidence, “Counselor, I could use some counseling.
I was in a drunken daze and I did something stupid. I robbed the corner
7-11. There was a heck of a lot of cash in the register! I went and used
it to buy a used car I had my eye on for some time. What should I do?”
Perry was able to avoid the topic, and the other neighbors came streaming
in as usual. A week later a federal prosecutor called Perry and asked
questions about what Bucky had told him. Bucky didn’t realize it,
but Perry was not a lawyer – Bucky and most everyone on the block
assumed Perry was a lawyer, after all his years in the courthouse –
but he wasn’t. Nonetheless, may Bucky assert the attorney-client
privilege in trying to suppress Perry’s future testimony?
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At a lavish
dinner party for B-movie personalities, TV commercial actors, and local-station
sports broadcasters, Oren Thall, with tears in his eyes, opens up to the
stranger next to him and admits, “I killed my wife!! I strangled
her with minty dental floss and then hacked her with a steak knife!! I
feel really bad about that.” It just so happens that the stranger
was a lawyer. At Thall’s murder trial, the state calls the stranger
to testify as to Thall’s admission. Thall asserts the attorney-client
privilege. What would a judge hold?
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A group of
paparazzi hide in bushes, stalking TV action hero Soup Nuss. Two of the
cameramen among the group hear Nuss talking to his lawyer about Nuss’s
upcoming criminal trial defense on insurance fraud charges. The cameramen
hear everything Nuss says to the attorney. At Nuss’s trial the cameramen
are called to testify to the conversation. Nuss objects. What does the
judge hold?
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A group of paparazzi hide in bushes, stalking TV action hero Soup Nuss. Two of the cameramen among the group hear Nuss talking to his lawyer about Nuss’s upcoming criminal trial defense on insurance fraud charges. The cameramen hear everything Nuss says to the attorney. At Nuss’s trial, knowing that the cameramen heard everything and would be entitled to testify as to what they heard anyway, the prosecutor calls Nuss’s attorney to the stand to describe what Nuss told him the night the paparazzi were hiding in the bushes. Nuss objects. What does the court hold? |
Johnny drove
a truck for the Cash Money company. One day, Johnny was a bit drunk at
work, and smashed into an SUV while stopping off at Dunkin’ Donuts
for some black coffee. The SUV owner sued Johnny and Cash Money, who were
jointly represented by Attorney Claire Tin. Claire Tin’s paralegal
was integral to the representation, and even though Johnny and Cash Money
lost at trial, they put up a good fight. Cash Money then sues Johnny for
indemnity to cover the amounts recovered by the SUV owner. If Cash Money
calls Claire Tin’s paralegal to testify as to some of Johnny’s
admissions during their preparation for the case against the SUV owner,
will the attorney-client privilege apply?
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