There are many instances at trial where a defense attorney asks a witness a question that he shouldn't be asking.

Specifically, there are times when an attorney will ask a witness what they talked to their lawyer about.

That conversation is confidential.

It's privileged.

It will not be disclosed.

Despite the attorney knowing this, he may still try to get the witness to explain some of what he talked about before his lawyer or the judge recognize that this is a confidential discussion.

Gerry Oginski
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NY Medical Malpractice & Personal Injury Trial Lawyer