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MMLU-Pro / 1497 / One afternoon, a pilot was flying a small airplane when it suddenly ran out of…

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Answer published by the source. Consult the official source to check your work against its answer.

question

One afternoon, a pilot was flying a small airplane when it suddenly ran out of gas. As he was coming in for an emergency landing, the plane crossed into a neighboring state at a very low altitude. At this time, a 9-year-old boy was walking to school when he was struck and injured by an object, which may have fallen from the plane. In federal court, a negligence suit was brought against the pilot by the father of the boy for his son. Accompanied by his father, the boy had visited an attorney for preliminary discussions regarding the case. However, the father did not retain the attorney to represent his son in the lawsuit. Instead, the father hired another lawyer to handle the case. At trial, the pilot's attorney calls the consulting attorney to testify what the boy had said to him regarding his physical condition during the consultation that the attorney had had with the boy and his father. The attorney's testimony is 

category

law

options

  1. admissible, because there is no privilege of confidentiality when a person other than the client is present at the attorney-client consultation.
  2. inadmissible, because the attorney-client privilege is maintained even if a different attorney is hired.
  3. admissible, because the attorney-client privilege was waived by the filing of the lawsuit.
  4. inadmissible, because it was a statement of physical condition not made for the purpose of obtaining medical treatment.
  5. inadmissible, because the attorney-client privilege prevents such a breach of confidential communications.
  6. admissible, because the father did not retain the consulting attorney, thus nullifying any privilege.
  7. inadmissible, because the consultation was preliminary and does not constitute a formal attorney-client relationship.
  8. admissible, because the boy was not the attorney's client, only the father was.
  9. inadmissible, because the boy is a minor and cannot legally waive his rights to attorney-client privilege.
  10. admissible, because the lawsuit makes all previous communications related to the case public.

src

ori_mmlu-professional_law

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