Evidence-Wellborn SU2006 Outline

Procedural posture company declined to produce the

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Unformatted text preview: mmunication] Facts: D claiming that he is incompetent to stand trial At trial, D's attorney testified that during their communications, the D was responsive, readily supplied the attorney with his version of the facts, and the names of other people involved, and was logical in his conversation and his reasoning. No mention was made of the substance of any communication by the client to the attorney. o Not revealing anything about the content of the discussion, just a question of how did he communicate (effectively, did he appear on top of things etc.) Issue: Were the matters to which the attorney testified (observable particularizations of the client's demeanor and attitude) "confidential communications" protected by the lawyer-client privilege? Holding: The attorney's testimony was within a well-established exception to the privilege: excluded from the privilege are physical characteristics of the client, such as his complexion, his demeanor, his bearing, his sobriety and his dress Such thin...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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