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William C. Altreuter
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Monday, April 30, 2018

I've been thinking about the admissibility of what Michael Cohen might say. A. who is more conversant in the law of Privilege than am I tells me that although his advice to his client might be privileged, the underlying facts would not be. So, for example, a client might say, "I have a prospective deal in the works which will be all in cash. How should I handle that?" Per A., Cohen's response would be inadmissible,  but his knowledge about the transaction would not be. I should research this....

There is also the interesting issue of whether an incentivized witness is credible

| Comments:
I don't think that's quite right. Suppose client C is accused of murder but really he was across town cheating on Mrs. C at the time and doesn't want Mrs. C to know that. The point of the privilege is to allow C to communicate that fact to L so that L may advise C without C's fearing that L would reveal it without C's consent.

The "fact" exception has to do with facts to which the lawyer is a witness, not facts which were communicated to the lawyer by the client. For example, if L is a witness to a transaction involving his client C in which he sees C give the other party a bag of cash, then L can be compelled to testify to what he saw C do, notwithstanding that C is his client.
 
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