You are the judge

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?

4.10Paul is charged with carjacking. It is alleged that Paul, with his accomplice, hijacked a BMW driven by a lady in a residential area. Paul denies the charge and claims an alibi defense. At trial, the prosecutor presents a diagram to show how the hijacking took place. The diagram demonstrates the position of the automobile and the location of Paul and his accomplice. Paul leans over to his lawyer and says: "It's not quite like that." The remark is overheard by a court bailiff standing nearby. The prosecutor calls the bailiff to testify about Paul's statement. Paul objects, claiming that the bailiff's testimony would be in breach of the attorney-client privilege. How do you rule?