Civil Procedure – Assessmentback
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A large sign fell from the ceiling of a department store and hit one of the store’s customers, causing her severe injuries. A few months later, the customer filed a civil action against the store, seeking to recover compensatory damages. The store’s attorney subsequently visited the store, inspected the area where the accident occurred, and interviewed all the employees who were in the store on the day of the accident or who might have information about the accident or its cause. The attorney recorded all the interviews electronically. The customer served on the store a request for production of documents seeking production of all documents, recordings, or other tangible things in any way related to the accident. The store believes that the recordings are protected by the attorney-client privilege, since they contain dialogue between the store’s attorney and the store’s employees.
How should the store respond?CorrectIncorrect
A motorcyclist filed a negligence action against a van driver in federal district court, seeking compensatory damages for a traffic accident involving the parties. In a deposition of the driver, the motorcyclist’s attorney asked the driver the following question: “Did you tell your attorney that the accident that is the subject of this lawsuit was your fault?” The driver refused to answer the question on advice of counsel. The motorcyclist now seeks an order compelling the driver to answer the question.
Should the court order the driver to answer the question?CorrectIncorrect