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Jeff Lyons, a paralegal with Berdwin and Associates, received the following memo:T o :Jeff Lyons, Paralega lFrom: Rita Berdwin, Attorney Date: April 20, 2016Office File

Jeff Lyons, a paralegal with Berdwin and Associates, received the following memo:T o :Jeff Lyons, Paralega lFrom: Rita Berdwin, Attorney Date: April 20, 2016Office File No :CR 16-136Re:State of Illinois v. Meril Findo, CR 16-378, privileged communication We have been retained to represent Meril Findo in the above-referenced case. He is charged with assault with a deadly weapon. Mr. Findo allegedly assaulted his neighbor Joseph Markham with a hammer. Mr. Findo and Mr. Markham were arguing over the location of a fence Mr. Markham was building. According to Mr. Findo, Mr. Markham became angry and attempted to hit him with a brick. A struggle ensued, and the brick fell and hit Mr. Markham on the head. Mr. Markham claims that Mr. Findo became increasingly angry as the argument progressed; Mr. Findo grabbed a hammer and struck him repeatedly on the head and arms. Mr. Markham claims he never assaulted Mr. Findo with a brick. There were no witnesses to the argument. Mrs. Findo is currently separated from Mr. Findo and has agreed to testify against him. Her testimony is that before the confrontation, Mr. Findo stated, "Markham is out there build-ing that damn fence again. I'll put a stop to this once and for all." He grabbed a hammer and went out the door. The Findos' children, Tomas, age 16, and Alice, age 10, were present and heard the conversation. Neither Mrs. Findo nor the children saw the confrontation.Prepare a memorandum addressing the question of whether the conversation bet

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