Evidence-Wellborn SU2006 Outline

O subject matter waiver does not apply o related

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Unformatted text preview: e gotten in under Uniform Rules of Evidence 502 (or Texas 503): If the services of the lawyer were sought or obtained to commit what the client knew or reasonably should have known was a crime or fraud focus is on the bad state of mind of the client (not the lawyer)...and here, the client calls this lawyer, he's seeking or obtaining his services not to commit another crime, but to get help on the one he's already committed...it's the lawyer who brings up the second crime... Wellborn would say that in this case, the conversation should have been privileged! Also an issue with respect to how it was determined that this fell into the crime-fraud exception: Through eavesdropping!! What you have to have here is probable cause; do I have enough suggestion that this was either not privileged or within an exception...then you go in camera o Attorney will assert the privilege o And the state will say crime-fraud; and we know that because it was overheard o And then they will go in camera. And the judge can look at them to see if the exception applies!! CALDWELL v. DISTRICT COURT IN AND FOR THE CITY AND COUNTY OF DENVER [Attorney-Client Privilege: Crime-Fraud Exception] Facts: Two guys go on ski vacation One of them rents a car but they are kind of sharing it The guy wh...
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