Question
1. That there was a communication from a client to an attorney is insufficient to find the communication is privileged. Jax v. Jax, 73 Wis.
1. That there was a communication from a client to an attorney is insufficient to find the communication is privileged. Jax v. Jax, 73 Wis. 2d 572, 243 N.W.2d 831 (1975).
2. There is not a general exception to the lawyer-client privilege in legal malpractice cases. The extent of the privilege is discussed. Dyson v. Hempe, 140 Wis. 2d 792, 413 N.W.2d 379 (Ct. App. 1987).
3. When a defendant alleges ineffective assistance of counsel, the lawyer-client privilege is waived to the extent that counsel must answer questions relevant to the allegation. State v. Flores, 170 Wis. 2d 272, 488 N.W.2d 116 (Ct. App. 1992).
4. FIND CASE
With these four cases, discuss the formation of the attorney-client relationship. For each case, create one-page legal brief as you learned to do in Legal Research and Writing I. In case you need a quick reminder, a legal brief identifies and discusses: Issue, Rule, Holding/Decision and Analysis/Reasoning of the case. Each case must consider a different issue stemming from the attorney-client relationship. Remember to use Bluebook format and citations.
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