tag:blogger.com,1999:blog-4098620.post112430301539665018..comments2024-03-15T04:02:42.341-04:00Comments on CrimLaw: Moments in a Defense Lawyer's LifeUnknownnoreply@blogger.comBlogger6125tag:blogger.com,1999:blog-4098620.post-1124408206600112942005-08-18T19:36:00.000-04:002005-08-18T19:36:00.000-04:00Well, I was certainly impressed 185 mph? I'm glad...Well, I was certainly impressed 185 mph? I'm glad someone heard that case. (It's mine) Actually, I have spoken to some folks off the record who said that there's no way that bike could have gone that fast.<BR/><BR/> Unfortunately, the client's statement put him at that speed. I hate statements. By the way, the chase ended when he ran out of gas. It was 94 miles and 49 minutes- a record in my practice!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1124387512178081462005-08-18T13:51:00.000-04:002005-08-18T13:51:00.000-04:00The judge told the attorney he couldn't ask the qu...The judge told the attorney he couldn't ask the question because of attorney-client privilege.Ken Lammershttps://www.blogger.com/profile/15646250142814585354noreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1124384228224188632005-08-18T12:57:00.000-04:002005-08-18T12:57:00.000-04:00While it's not required, in my experience (at leas...While it's not required, in my experience (at least in federal court) it's not uncommon for a judge to inform a witness that answering a particular question may work a waiver of a/c privilege when that witness's attorney isn't present at the hearing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1124377669185006892005-08-18T11:07:00.000-04:002005-08-18T11:07:00.000-04:00Bingo.Bingo.Ken Lammershttps://www.blogger.com/profile/15646250142814585354noreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1124374925915970482005-08-18T10:22:00.000-04:002005-08-18T10:22:00.000-04:00Donald: Just guessing what sruck Ken about this, b...Donald: Just guessing what sruck Ken about this, but the A-C privilege is the client's, against the attorney revealing what she said. In lawyer-speak, the client holds the privilege. Attorney-Client is not a general privilege against a witness who is not the attorney involved being required to reveal what went on if it's relevant and there's an applicable hearsay exception. Same with the various Doctor-Patient privilegs. As far as I know, the only privilege that a judge is required to, sua sponte, advise a witness of is the privilege against self-incrimination.Mister DAhttps://www.blogger.com/profile/12557780546647365805noreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1124322739203144962005-08-17T19:52:00.000-04:002005-08-17T19:52:00.000-04:00Maybe I'm being obtuse, but what's wrong with the ...Maybe I'm being obtuse, but what's wrong with the judge warning a witness about waiving privilege (especially if the witness isn't represented)?Anonymousnoreply@blogger.com