The Energetic Investigator

 

Action for damages for assault and battery. D's attorney, Silvertongue, has been trying to arrange an interview with P for some time but with no success. Silvertongue sends Archie Goodwind, his private investigator, over to P's counsel's office to try to arrange for an interview. Archie is cooling his heels in opposing counsel's waiting room when he observes P entering the office. Seizing the initiative, Archie rises to his feet and introduces himself to P as "a private investigator on the P v. D case." Archie explains that the lawyer is busy. At this point, P starts to discuss the facts of the case with Archie. Pleased with this opportunity to talk to P about the case, Archie directs him into an empty conference room off the waiting room, where he interrogates P in detail for 35 minutes.

At trial, D calls Archie to testify to statements made by P during this interview. P's attorney objects on grounds of lawyer-client privilege. What ruling and why?



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