QUESTION 12Just recently admitted to the bar, Lawyer has no office and meets with his clients at the localStarbucks coffee shop. Lawyer represents Defendant who is charged with murder and is out onbond. One afternoon, Lawyer holds a follow up meeting with Defendant at the local Starbucks at3:30 P.M. when the local high school has just dismissed. During the meeting, Defendant leansover and says quietly to Lawyer: "You know Alice and I had strawberry Frappuccino right before,you know, . . . I wanted her to be happy at the end."Prosecutor subpoenas two high school students sitting next to Lawyer and Defendant to testify asto what Defendant said. Lawyer objects, asserting attorney client privilege on behalf of Defendant.The objection should be:Sustained because Defendant's statement is protected by the attorney-client privilege.Sustained because the Prosecutor cannot use a subpoena to invade the sanctity of the attorney-client privilege.Overruled because Defendant’s statement was not made in confidence.Overruled because the statement may be admissible hearsay under the present sense impression.
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QUESTION 13Lawyer is at the wedding reception of her best friend. At the reception, a woman who was a collegesorority sister spots Lawyer and comes over to talk. Halfway through the conversation the womanbegins to laugh, shakes her head from side to side and casually asks Lawyer, "One of myemployees is threatening to sue me for employment discrimination - can you believe it? Do I needto take this seriously?" Lawyer replies, "I am happy to discuss it with you at a more appropriatetime and place - we can meet at my office on Monday if you like." The woman never follows upwith the lawyer.Woman is sued for employment discrimination.May the Plaintiff subpoena Lawyer to testify about the conversation with the woman at the weddingreception?
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