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1. Shortly after meeting with his lawyer on
a separate matter, Dan is arrested for driving while intoxicated.
At his trial, the prosecutor calls Dan's lawyer to the stand and
asks her whether Dan appeared inebriated during their meeting.
Dan objects on grounds of privilege. How should the judge
rule?
2. Carolyn hires an accountant and tells him at their first
meeting that she has not filed tax returns for the past five years
because she could never find the time. She asks him whether he
thinks she needs a lawyer, and he says yes. Are Carolyn's
remarks to her accountant privileged?
3. The president of a chemical manufacturing company suspects
that some of his employees are illegally disposing hazardous wastes.
He hires a private detective firm to investigate. Are his
conversations with the firm privileged? What about the
conversations of his employees? Would the answers be different
if he hired a law firm instead of a private detective firm?
What if he hired a private detective firm, but the person he dealt
with at the firm was a lawyer?
4. Craig wishes to become a U.S. citizen. Fred
advertises his services as an "expert in immigration law."
Craig hires Fred to help him complete the naturalization
application. Contrary to Craig's belief, Fred is not a lawyer.
Are Craig's confidential conversations with Fred privileged?
5. Colleen meets in her office with her lawyer. No one
else is present, and they close the door. But their
conversation is overheard by a window washer working outside the
office immediately below Colleen's. Can Colleen prevent the
window washer from testifying about what he heard?
6. From his desk at work, Collin sends his lawyer an e-mail
message seeking legal advice. Collin's employer randomly
monitors e-mail messages sent to and from Collin's workplace, in
order to ensure the computer system is not misused. Collin was
informed of the monitoring when he joined the company, but has
forgotten about it. As it happens, Collin's employer does not
read his message to his lawyer. Is the message is privileged?
Would the answer be different if the employer did read the
message?
1. The prosecutor in a robbery case seeks to
have the defendant's ex-wife testify that the defendant confessed his
guilt to her while they were still married. The ex-wife is
willing to testify, but the defendant objects. Is the testimony
admissible?
2. The prosecutor in a murder case seeks to have the defendant's
wife testify that, the night of the victims' deaths, the defendant
came home with a bloody shirt. The defendant and his wife were
living together at the time but were not yet married. The day
after the victim's death, the defendant fled the country. He was
captured and extradited fifteen years later. The prosecution
offers to prove that, while a fugitive, the defendant lived with a
woman and did not communicate with his wife or their children or
provide them with financial support. The defendant's wife does
not wish to testify against him. May she be compelled to do so?
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