Please answer all questions and provide details

D was arrested for allegedly assaulting a person during a bar brawl on July 18, 2012. After posting bond and being released, D goes to a local attorney who is experienced in defending criminal cases. D meets with the attorney one evening to discuss the case and the attorney has his secretary attend the meeting in order to take notes. The defendant hires the attorney and because he firmly believes he is being wrongly accused, he wants to take the case to trial. The trial begins on June 15, 2013. The prosecution calls the secretary to the witness stand to testify what was discussed during the conversation that took place between the defendant and attorney the evening she took notes. Defense counsel objects to this witness and states that the communication between the defendant and the attorney was a privileged communication. The prosecutor states that the communication is not privileged because a third person, the secretary, was present during the meeting, which cancelled out the privilege and she should be compelled to testify. How should the judge rule? Hypothetical #6