Question
4.8 Wayne is charged with bank robbery. The indictment alleges that Wayne entered First Saving Bank and handed the teller a note, which read, This
4.8Wayne is charged with bank robbery. The indictment alleges that Wayne entered First Saving Bank and handed the teller a note, which read, "This is a hold-up. I have a gun. Put the money in the bag." At Wayne's trial, the prosecution calls Joanna, a lawyer, to testify that the hold-up note bears Wayne's handwriting. Joanna does not represent Wayne in the bank robbery case. She is familiar with Wayne's handwriting because she routinely handles Wayne's business related legal matters. Wayne objects to Joanna's testimony, claiming her testimony would be in breach of the attorney-client privilege. How do you rule?
4.9Billy, a local businessman, came to his attorney Arnold's office. Billy says, "I've come up with a real estate investment scheme. I'll bilk retirees out of their life savings. I need your advice on some legal aspects of the scheme. I'll pay you handsomely for your assistance." Arnold helped Billy set up the scheme. Billy is on trial for fraud. The prosecution calls Arnold to testify about the fraudulent scheme Billy discussed with him. Billy objects, claiming Arnold's testimony would be in breach of the attorney-client privilege. How do you rule?
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