Malpractice Litigation Ends Privilege Entirely
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
22220_orchard_lane_quiet_title · EVIDENCE · Choice BNo, because once lawyer and client become adversaries, the confidential relationship ends.
Why it's attractive
The answer gets to No but overstates the exception by saying confidentiality ends altogether.
Why it's wrong
The answer gets to No but overstates the exception by saying confidentiality ends altogether.
22220_orchard_lane_quiet_title · EVIDENCE · Choice CYes, because Daniel's statement had to be made in order for Ruth to advise him.
Why it's attractive
The answer adds a "had to be made" element that is not part of the privilege rule.
Why it's wrong
The answer adds a "had to be made" element that is not part of the privilege rule.
22220_orchard_lane_quiet_title · EVIDENCE · Choice DYes, because Daniel's statement concerned the very dispute for which he hired Ruth.
Why it's attractive
The answer states a point that may matter in the ordinary privilege setting but ignores the malpractice-dispute exception.
Why it's wrong
The answer states a point that may matter in the ordinary privilege setting but ignores the malpractice-dispute exception.
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