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An attorney was representing a criminal defendant, and he agreed to meet with one of the defendant's co-conspirators to learn more about what happened and
An attorney was representing a criminal defendant, and he agreed to meet with one of the defendant's co-conspirators to learn more about what happened and to discuss what to expect as the case proceeded. At the beginning of the meeting, the co-conspirator gave the attorney a dollar bill, saying, "This is to establish attorney client privilege." The discussions then proceeded as planned. Later, the co-conspirator turned state's witness against the attorney's client, and near the end of the proceedings, the prosecution moved to disqualify the attorney due to his conflict of interest. Did it establish attorney-client privilege and a conflict of interest problem when the co-conspirator gave the attorney a dollar? a) Yes, giving the lawyer any amount of money before a conversation constitutes a token retainer and creates an attorney-client relationship. b) Yes, giving the lawyer any amount of money before a conversation constitutes a token retainer and creates attorney-client privilege for the conversation, even if the attorney never provides legal representation afterwards. c) No, giving money to the attorney did not create any attorney-client relationship. d) No, the dollar was an insufficient amount to create attorney-client privilege
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