Anything In Lawyer Hands Is Privileged
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
22239_kiln-explosion · EVIDENCE · Choice ANo, since they are privileged as an attorney's work product.
Why it's attractive
The records contain raw test data, not an attorney's thoughts. Work product protects mental impressions; these are numbers from a lab.
Why it's wrong
The records contain raw test data, not an attorney's thoughts. Work product protects mental impressions; these are numbers from a lab.
22239_kiln-explosion · EVIDENCE · Choice BNo, since they are privileged as materials prepared for litigation.
Why it's attractive
The records were created before the kiln was sold. You can't prepare for litigation before the product even reaches the market.
Why it's wrong
The records were created before the kiln was sold. You can't prepare for litigation before the product even reaches the market.
22239_kiln-explosion · EVIDENCE · Choice CNo, since they are privileged as a confidential communication to an attorney.
Why it's attractive
The records were created to test the kiln, not to talk to a lawyer. Handing a document to your attorney doesn't make the document itself a privileged communication.
Why it's wrong
The records were created to test the kiln, not to talk to a lawyer. Handing a document to your attorney doesn't make the document itself a privileged communication.
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