Comments on: MBE Question of the Day #36 http://barexambrief.com/2010/02/03/mbe-question-of-the-day-36/ All things related to studying for and passing the bar exam, brought to you by the staff of MicroMash Bar Review Mon, 26 Jul 2010 22:34:37 +0000 http://wordpress.org/?v=2.9 hourly 1 By: Maryann Herman http://barexambrief.com/2010/02/03/mbe-question-of-the-day-36/comment-page-1/#comment-772 Maryann Herman Thu, 04 Feb 2010 16:11:36 +0000 http://barexambrief.com/?p=855#comment-772 Answer C is correct. The attorney-client privilege prevents anyone from testifying about confidential communications made to an attorney for the purpose of obtaining legal services. Here, the payments made out of the trust fund would not appear to fall within the scope of that definition, as they were not communications made for the purpose of obtaining representation. Answer A is incorrect. For the reasons stated in (C) above, this is not the type of communication that the attorney-client privilege seeks to protect. Answer B is incorrect. This evidence is logically relevant to show that the corporation had received the funds from recovery or settlement of the matter, which would trigger its obligation to pay the attorney. Answer D is incorrect. The dispute is between the corporation and the attorney. The corporation is seeking to bar the evidence based upon its attorney-client privilege with the contingency firm. In order for (D) to be the right reason, there would have to be a dispute between the contingency firm and the corporation. There is no evidence of such a dispute and, therefore, the attorney-client privilege is not waived on those grounds. Answer C is correct. The attorney-client privilege prevents anyone from testifying about confidential communications made to an attorney for the purpose of obtaining legal services. Here, the payments made out of the trust fund would not appear to fall within the scope of that definition, as they were not communications made for the purpose of obtaining representation.

Answer A is incorrect. For the reasons stated in (C) above, this is not the type of communication that the attorney-client privilege seeks to protect.

Answer B is incorrect. This evidence is logically relevant to show that the corporation had received the funds from recovery or settlement of the matter, which would trigger its obligation to pay the attorney.

Answer D is incorrect. The dispute is between the corporation and the attorney. The corporation is seeking to bar the evidence based upon its attorney-client privilege with the contingency firm. In order for (D) to be the right reason, there would have to be a dispute between the contingency firm and the corporation. There is no evidence of such a dispute and, therefore, the attorney-client privilege is not waived on those grounds.

]]> By: Steve http://barexambrief.com/2010/02/03/mbe-question-of-the-day-36/comment-page-1/#comment-771 Steve Thu, 04 Feb 2010 15:22:49 +0000 http://barexambrief.com/?p=855#comment-771 D. exception to attorney-client privilege to protect reputation of lawyer, includes bar discipline, actions where lawyer is defendant as related to disputes with former client. D. exception to attorney-client privilege to protect reputation of lawyer, includes bar discipline, actions where lawyer is defendant as related to disputes with former client.

]]> By: Eli http://barexambrief.com/2010/02/03/mbe-question-of-the-day-36/comment-page-1/#comment-767 Eli Thu, 04 Feb 2010 02:49:25 +0000 http://barexambrief.com/?p=855#comment-767 Regarding D - isn't the statement "not applicable to diputes between the client and the attorney" better applied if we were taking about disbursements from the first attorney? The atty-client privilege isn't at issue b/c attorney 1 wants to show dispursements from attorney 2 to client. The statement in D is a better fit if we were talking about attorney 1 and client - it doesn't apply to another lawyer. Regarding D – isn’t the statement “not applicable to diputes between the client and the attorney” better applied if we were taking about disbursements from the first attorney? The atty-client privilege isn’t at issue b/c attorney 1 wants to show dispursements from attorney 2 to client. The statement in D is a better fit if we were talking about attorney 1 and client – it doesn’t apply to another lawyer.

]]> By: Donna http://barexambrief.com/2010/02/03/mbe-question-of-the-day-36/comment-page-1/#comment-766 Donna Wed, 03 Feb 2010 23:42:50 +0000 http://barexambrief.com/?p=855#comment-766 I think the answer is D because the evidence s relevant to the attorneys case and it does not relate to his attorney/client relatonship with the corporation. I think the answer is D because the evidence s relevant to the attorneys case and it does not relate to his attorney/client relatonship with the corporation.

]]> By: shahin http://barexambrief.com/2010/02/03/mbe-question-of-the-day-36/comment-page-1/#comment-765 shahin Wed, 03 Feb 2010 21:56:20 +0000 http://barexambrief.com/?p=855#comment-765 Answer C Answer C

]]> By: mimi http://barexambrief.com/2010/02/03/mbe-question-of-the-day-36/comment-page-1/#comment-764 mimi Wed, 03 Feb 2010 20:17:09 +0000 http://barexambrief.com/?p=855#comment-764 answer D answer D

]]> By: Ken http://barexambrief.com/2010/02/03/mbe-question-of-the-day-36/comment-page-1/#comment-763 Ken Wed, 03 Feb 2010 19:20:30 +0000 http://barexambrief.com/?p=855#comment-763 D... judgment is not covered by attorney client privilege -- D…

judgment is not covered by attorney client privilege –

]]> By: RK http://barexambrief.com/2010/02/03/mbe-question-of-the-day-36/comment-page-1/#comment-762 RK Wed, 03 Feb 2010 18:06:56 +0000 http://barexambrief.com/?p=855#comment-762 D is the best answer. This dispute is between the attorney and client, thus the attorney/client privilege does not apply. D is the best answer. This dispute is between the attorney and client, thus the attorney/client privilege does not apply.

]]> By: Cheese http://barexambrief.com/2010/02/03/mbe-question-of-the-day-36/comment-page-1/#comment-761 Cheese Wed, 03 Feb 2010 17:50:57 +0000 http://barexambrief.com/?p=855#comment-761 D! D!

]]> By: kb http://barexambrief.com/2010/02/03/mbe-question-of-the-day-36/comment-page-1/#comment-760 kb Wed, 03 Feb 2010 17:20:37 +0000 http://barexambrief.com/?p=855#comment-760 D - I like it too. D – I like it too.

]]>