Injuries suffered in accident

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Question

Jennifer sues Angelina for injuries suffered in an accident. She claims that Angelina was drunk at the time of the accident. Angelina retains an attorney, Brad, to represent her. At their first meeting, Angelina says, "Look, you're my counsel and I'm entitled to speak with you in confidence. The fact is that I had been drinking at a bar for two hours before the accident, had seven beers, and was pretty well smashed when I left. But you're not going to tell them that, are you? How do you think we should play this?" Subsequently, Jennifer sends interrogatories to Angelina asking whether she had been drinking before the accident, if so where, and how many drinks she had had.

1. In responding to the interrogatory, must Angelina disclose what she knows? May Brad allow her to lie? Explain.

2. At Angelina's deposition, Jennifer's counsel asks her, "Didn't you tell your lawyer that you had had seven beers before the accident?" Brad objects based on the attorney-client privilege. What result?

Reference no: EM133803991

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