Tania's Tale

Patty sues Lee, an attorney who represented her in a criminal case, for malpractice after he lost her case and she was sent to jail. Her complaint alleges that Lee advised her to assert her fifth amendment privilege against self-incrimination as to some events with which she was charged and that this constituted malpractice because she was put in the position of frequently invoking the privilege in front of the jury. Lee counterclaims for $250,000, representing the amount allegedly still due him on his fee, which Patty has refused to pay on the grounds of incompetent assistance of counsel. At the trial of these actions, Lee takes the stand to testify to various communications between himself and Patty regarding the events about which she asserted the privilege against self-incrimination. Patty's present lawyer objects on grounds of privilege. What ruling and why?

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