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People v. Gionis

Supreme Court of California

9 Cal. 4th 1196 (1995)

Relevant factsFree

After Thomas Gionis's (defendant) wife Aissa Wayne (daughter of John Wayne) served him divorce papers, Gionis called his attorney friend John Lueck to come over; Lueck agreed to meet but explicitly told Gionis he would not represent him as counsel because he knew both spouses, though he did offer general comments (like suggesting a venue change might be appropriate) and told Gionis to retain his own lawyer — during this visit, Gionis made comments suggesting he could have someone "take care of" Wayne. Months later, Wayne and her boyfriend were attacked, and Gionis was prosecuted for hiring the attackers; the trial court admitted his earlier statements to Lueck about "taking care of" Wayne, he was convicted, and an intermediate appellate court reversed, finding the statements protected by attorney-client privilege.

IssueFree

Whether statements made to a friend who is an attorney are protected by attorney-client privilege when that attorney expressly declined at the outset to represent the speaker as counsel.

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