What was the argument made by the defendant when she asWhat was the argument made by the defendant when she asserted that the statements the victim made to his paralegal friend were not covered by the attorney-client privilege?serted that the statements the victim made to his paralegal friend were not covered by the attorney-client privilege?

Question

What will be an ideal response?

Answer 1

Mayberry’s argument was that Phillips contacted the paralegal because she was his friend,
not because Phillips wanted to retain her boss as his lawyer in the sexual misconduct matter.
Because the only conversation he had was with a nonlawyer, the argument goes, the attorneyclient
privilege could not apply here. In fact, Phillips never asked to speak with her boss, and
only asked her to relay his questions to her boss after she told him she could not give him any
legal advice about the matter and would need to talk with her boss. Notice that there was no
evidence that he ever had any contact with the attorney.