If. you say. It is the client who has the say so under
Posted on: July 26, 2018 at 20:21:05 CT
MizzouTigerz
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NY State law with regard to disclosure of any confidential communications. And federal law on the matter adheres to the stricter of the laws, state or federal, which in this case, is NY, and there is no wiggle room here.
Further, these were recorded without the consent of the client. Again, client's call. You have offered nothing, nor have I seen, or heard about a third non-attorney party being present. Before saying privilege was waived because a third party was there, you need more than if. You need a warm body to have actually been there.
You also have to have someone offer eyewitness testimony with regard to an alleged plot to commit a crime. Just saying it was going on doesn't get you a search warrant. You had to have legally obtained probable cause. If you conduct an illegal search, anything obtained from it gets tossed too.