If a client turns over evidence to their attorney with the purpose of attempting to make it a privileged communication, a judge may:

Question

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The judge may not automatically allow the evidence to become privileged just because the client turned it over to their attorney. However, the judge may review the evidence and make a decision on whether or not it qualifies for privilege. If the judge determines that the evidence does meet the requirements for attorney-client privilege, it may be excluded from the case. However, if the judge determines that the evidence is not privileged, it may be allowed into the case. Therefore, choice A is the best option.

If a Client Turns Over Evidence to Their Attorney with the Purpose