Goo, Inc. is a medium-size tech company. On July 31, 2019 it merged with a larger tech company, The Banana Corporation. Goo and Banana are both publicly traded companies on the New York stock exchange. After the merger took place, Daria Kray, a senior executive at Goo, was sued in a civil lawsuit by the federal government agency that regulates all stock exchanges in the United States. The government agency claims that Daria shared Goo's proprietary business information to profit on the sale of shares of Goo. In the 'discovery' phase of the lawsuit, as part of its effort to prove that Kray violated the law, the government agency was able to obtain a voicemail that Ms. Kray's secretary, Anjay Resh, left on the cell phone of his personal lawyer, Tom Ducatti. The full voicemail says the following: "Hi Tom, I am at the Starbucks on Kingly Street, just calling to return your call from yesterday, ok goodb--, oh wait, hold on a sec Tom . . . . . . Holy cow! I just saw my boss Daria walk in here and I heard her tell this guy we know from an investment bank that Goo is merging with Banana in a few weeks! I had no idea that this was happening!! I can't believe it, oh my goodness, I gotta go, bye!"

The government agency includes the voicemail on its list of exhibits that it intends to use at trial.

The lawyer then asks:

Do you think we can argue that Resh's voicemail to Ducatti is hearsay and therefore it cannot be used at trial? i. Why or why not?

c. He then also asks: actually, even forgetting about hearsay, the phone call was between Resh and his lawyer, so can't we assert "attorney-client privilege" and argue that a privileged communication cannot be used at trial? i. Why or why not?