The paralegal greets a client in the office reception area, and the client states, in the presence of others, that he needs to speak to the attorney about an automobile accident that just happened. The paralegal asks if he is hurt, and the client replies, “No, but I think I hit someone. I was so upset! I didn’t stop but came directly here.” Does the attorney-client privilege extend to the paralegal if she is subpoenaed as a witness for the victim in a subsequent law suit? Why or why not?
What will be an ideal response?
Generally, communications made by a client to an attorney seeking legal advice are subject to the attorney-client privilege if made in a confidential setting. That the communication is made through a paralegal would not destroy the privilege, and it would extend to the paralegal in such circumstances.
The paralegal, however, has not created a confidential setting in which this communication was made. Therefore, the privilege would be lost as to these statements. When speaking with clients, care must be taken to make sure that no unnecessary parties are present.
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Attendance of a witness for a deposition can be ordered by:
a. subpoena b. summons c. writ of habeas corpus d. affidavit
On what grounds may a party refuse to produce requested e-information, and what types of e-information are most likely to be covered by those grounds?
What will be an ideal response?
A ___ is recorded when a lawsuit is pending that affects the title of real property.
Fill in the blank(s) with the appropriate word(s).
Sometimes,after reviewing all of the papers in support of or in opposition to a motion, a judge will issue a/an ruling prior to the court hearing.
Fill in the blank(s) with the appropriate word(s).