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

Problem

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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

choices

  1. admissible, because the attorney-client privilege was waived by the filing of the lawsuit.
  2. admissible, because there is no privilege of confidentiality when a person other than the client is present at the attorney-client consultation.
  3. inadmissible, because the attorney-client privilege prevents such a breach of confidential communications.
  4. inadmissible, because it was a statement of physical condition not made for the purpose of obtaining medical treatment.

subject

professional_law

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