All Document Advice After Subpoena Is Suspicious
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Evidence1
Example wrong choices
17106_scripture_mural_subpoena · EVIDENCE · Choice AYes. After a subpoena has been served, communications with counsel about the subpoena are outside the privilege.
Why it's attractive
It turns subpoena timing into an always/never privilege rule.
Why it's wrong
It turns subpoena timing into an always/never privilege rule.
17106_scripture_mural_subpoena · EVIDENCE · Choice BNo, but only because the meeting is protected as attorney work product rather than as an attorney-client communication.
Why it's attractive
It says no, but makes work product the only basis and denies the privilege named in the call.
Why it's wrong
It says no, but makes work product the only basis and denies the privilege named in the call.
17106_scripture_mural_subpoena · EVIDENCE · Choice DYes. The crime-fraud exception applies whenever a lawyer gives advice about documents that could be evidence.
Why it's attractive
It uses a real exception but omits the wrongful-purpose trigger.
Why it's wrong
It uses a real exception but omits the wrongful-purpose trigger.
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