Question: The Attorney-Client privilege can present some interesting challenges. For example, suppose that you are an estate planning attorney. You prepare a living trust for Mr.
The Attorney-Client privilege can present some interesting challenges. For example, suppose that you are an estate planning attorney. You prepare a living trust for Mr. and Mrs. Smith. A month later, you are playing golf with Mr. Smith and he tells you that he is having an affair with your administrative assistant, is paying the rent on her apartment, and recently bought her a new car. Sixth months later, Mrs. Smith has filed for divorce and has subpoenaed you to appear at a deposition where you will be questioned about your knowledge of the affair, the the community property assets given to your assistant. What does the attorney client privilege require you to do? Would your answer change if you found out about the affair, the apartment rent, and the new car from your administrative assistant
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