Question: facts from previous question Same facts as previous question. The authorities intervened before client could act on his plans, and Client has been charged with

facts from previous question Same facts as
facts from previous question facts from previous question Same facts as
Same facts as previous question. The authorities intervened before client could act on his plans, and Client has been charged with conspiracy to commit murder and to import cocaine. Prior to trial, the prosecutor leams from an informant that Client is upset that Attorney will not represent him as usual because of a conflict. Suspecting that Client told Attorney about his plans, the prosecutor subpoenas Attorney as a trial witness to testify to any statements Client made to Attorney about an intent to commit the murder or to import the cocaine. Attorney moves to quash the subpoena, claiming attorney client privilege. The court holds an ex parte hearing at which Attorney describes the facts presented in this problem. Should the court order Attorney to testify? Answers A-E A Yes, but only as to the murder plot the communications regarding the plan to import cocaine remain privileged B Yes, because Attorey unethically invoked the attorney-client privilege No, because the communications between Attorney and client remain privileged. D Yes, but only if Attorney already had disclosed Client's plans to the authorities under an exception to confidentiality, E Yes, the court should require Attorney to testify to Client's statements. Client often has been in trouble with the law, and he always retained Attorney. Client now plans to import a large shipment of cocaine across the U.S.-Mexico border Client also plans to murder a rival drug dealer. Rather than wait to see whether the authorities get wind of this plot, Client decides to act proactively he goes to Attorney's office, tells Aitomey about his plans, and asks Attorney for advice on how best to succeed at each stage without being detected by the authontis Attorey however, is no criminal himself, so he declines to give Client the advice he seeks. Instead, Attomey explains the potential criminal liability to Client and tries to dissuade Client from his plans Client says, "Well, this was a big mistake. Il call you if there's a problem and he leaves Attomay's office. If Attomey reasonably believes that Client will act on his plans, which answer most accurately describes Attorney's professional responsibilty

Step by Step Solution

There are 3 Steps involved in it

1 Expert Approved Answer
Step: 1 Unlock blur-text-image
Question Has Been Solved by an Expert!

Get step-by-step solutions from verified subject matter experts

Step: 2 Unlock
Step: 3 Unlock

Students Have Also Explored These Related General Management Questions!