Randy, a California Real estate broker was seeking building…
Randy, a California Real estate broker was seeking building code approval for his newly built apartments. Randy meets with attorney Ms. West. Ms. West was admitted to the California Bar in 2020. He gave her a $ 5,000 retainer after he signed the retainer agreement. In a private in office meeting with Ms. West’s paid paralegal present to help take notes. he asked Ms. West if it would be ok if he gave a code enforcement officer “advisement payments” would violate bribery laws. Ms. West advises any such payment would likely be illegal. Randy proceeds with the payment anyway. Later, Randy calls an associate into his office. During the discussion he says, , “ My lawyer said it was illegal but I thought I could give the money in a different way for the Code enforcement holiday party.” After Randy’s arrest, he filed a malpractice lawsuit against Ms. West alleging she told him this payment would be perfectly fine. At trial the District Attorney subpoenas Ms. West and the paralegal to testify about her communications with Randy. Ms. West asserts the Attorney-Client privilege. Assume all other objections are timely made. No Hearsay issues are raised. The Associate testified at pretrial hearing and affirmed Randy’s disclosure.
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