Can Hank assert the attorney-client privilege in a sensitive legal matter?

Hank's Legal Matter and Attorney-Client Privilege

Can Hank assert the attorney-client privilege?

Attorney-client privilege is established when a client seeks legal advice in privacy. Despite Paul's hidden presence, if it was unknown to Hank and Gemma, Hank's expectation of confidentiality was not compromised. Thus, Hank could potentially assert the attorney-client privilege to stop Paul from testifying.

Explanation of Attorney-Client Privilege

The attorney-client privilege is established when a client seeks advice from a lawyer and divulges information intended to be confidential. In this case, Hank believed the conversation was private and disclosed sensitive information to Gemma, intending for it to remain confidential. His expectation of privacy was reasonable. However, unknown to them, Paul was in the room and was able to overhear the conversation.

Generally, the presence of a third party would void the attorney-client privilege. However, since Paul was hidden and his presence was unknown to Hank and Gemma, one could argue that Hank's expectation of privacy was not jeopardized, and the confidentiality underlying the attorney-client privilege was maintained.

Therefore, Hank might be able to assert the attorney-client privilege to prevent Paul from testifying about the conversation.