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All ▸ Bar 2024 ▸ REMEDIAL LAW, LEGAL AND JUDICIAL ETHICS ▸ VII. EVIDENCE (A.M. No. 19-08-15-SC) ▸ B. Kinds ▸ 3. Testimonial Evidence - Rule 130, C ▸ b. Testimonial Privilege - Sections 25-26

Question

Testimonial Privilege Scenario: Attorney-Client Privilege

In a high-profile criminal case, Attorney Alex represents Defendant David, who is accused of embezzlement. During the course of their attorney-client relationship, David confided to Attorney Alex about his involvement in the alleged crime. As the trial date approaches, the prosecution subpoenas Attorney Alex to testify as a witness regarding the conversations he had with David. Attorney Alex wishes to assert the attorney-client privilege to protect the confidentiality of their communications.

Discuss whether Attorney Alex can invoke the testimonial privilege under Sections 25-26 of the Rules on Evidence.



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