1978 Winter: Leon Letwin, Evidence Class

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Mr. Letwin 211. Evidence

February 23, 1978

Winter 1978

INTRODUCTORY EXERCISES ON PRIVILEGES

(In connection v1ith assignment 24)

iihich of the following are privileged under the California Evidence

Code?

(a) Father asks daughter, a third year law student, what he should

do about his recent arrest for possession of marijuana.

(b) Client asks lawyer whether the lawyer thinks now is a good time

to get out of the stock market.

(c) Mother calls lawyer on the telephone to ask if he will represent

her son, wanted for murder, who is presently a fugitiveo

(d) In the presence of a police officer, client tells lawyer.: “I did

it and I’m glad, glad, glado”

(e) During the course of an interview, the lawyer notices that his

client is drunk.

(f) In a trial of a lawyer for suborning perjury, the lawyer objects

when former client is called to testify that the lawyer told him

that t·o win the case they would have to “hire a ~ew witnesses.”

(g) In a criminal case, a police officer is called to testify that

he tappe9 the client’s phone and heard the client make incriminating

statements in a conversation with his lawy~r.

(h) In a criminal case, a bartender is called to testify that the

defendant told him: ”ily lawyer told me to deep six the gun.”

(i) Prosecutor offers in evidence a copy of a newspaper story

recounting an interview by the reporter with a secretary in

the lawyer’s o£fice in which the secretary said her boss told

her that the defendant was guilty.

* * *

Mr. Letwin 211. Evidence

Assign!!!ents

Privileges

24)

25)

Cal. Ev. Code §§ 911-920; 950-62

C.B. P?· 606-62J

Prob1ecs handed out.

C.B. ow. 630-33; 634-37; 639-41

Problees VIII-3, 4, 12, 16, 21, 22

26) ~-B .• pp. 645-57; 658-62

… Probler:.s VIII-30-32

27). CEC §§ .990-1007, 1010-1026

C.B. 671-679

. 28) Cal. Ev. Code §970-987

C.B. 679-80; 681-86

Problems VIII-39-42, 45, 50

29) Cal. Ev. Code § 1040-1042 .

c. :a … pp. 705-10

Problems VIII-62, 64, 66, 68

30) Cal. Ev. Code § 800-805; 720-723

C.B. pp. 932-39

Problews XI-2, 3, 4

~·linter 1978

Febr~ary 23, 1978