United States v. Evans
United States Court of Appeals for the Seventh Circuit
113 F.3d 1457 (7th Cir. 1997)
Jesse Evans (defendant), a Chicago alderman under FBI investigation for corruption, was set up by his friend Holden to meet with attorney James Koch about possible representation. Holden attended the meeting himself. Koch testified that Holden said he was there as a friend, not as Evans's lawyer, and that Koch had expressed concerns about confidentiality that Evans dismissed by asking Holden to stay anyway. Holden gave conflicting testimony, claiming he attended as Evans's attorney. The district court found Koch's account more credible and allowed Koch to testify about the meeting over Evans's privilege objection.
Whether a client waives the attorney-client privilege when the client's communications with the attorney are made in the presence of a third party.