The Blackacre Fraud

 
(1) Action to enjoin D from recording a deed to Blackacre allegedly procured by fraud from the trustee of the Widow Brown Trust. While the first witness is testifying for P at trial, P's attorney notices that D is whispering to his attorney. After the first witness stands down, P's attorney calls D's attorney and asks him to repeat his conversation with D. On D's attorney's objection, what ruling and why?

(2) Instead of calling D's attorney, P calls D to testify as to what he said to his attorney. On D's attorney's objection, what ruling and why?

(3) Suppose, instead, that D is asked, "What did you tell the trustee of the Widow Brown Trust?" D replies, "I object. I just told that to my attorney." What ruling and why?

(4) Suppose that D is asked to hand over to P's attorney notes that he has been writing to his attorney during the trial. On D's objection, what ruling and why? What result if D is asked to produce notes and letters to his attorney sent prior to the trial?

(5) Before trial, at a preliminary hearing, P's attorney moves for an order directing D's attorney, if he has possession of the deed or any document purporting to be the deed, to deliver it to the clerk to be marked as Plaintiff's Exhibit 1 for identification. D's attorney objects on the grounds that the deed was given to him in private by D. What ruling and why?



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