There are only a few things that can break attorney client privilege.
All of the below is merely speculation, guesswork, and research due to an inability to sleep, on my part:
GW4's Lawyer's Subpoena JW's Lawyer's, Info
WAVERLY, Ohio (WXIX) - George Wagner IV’s attorney has subpoenaed Jake Wagner’s attorney’s notes, according to a copy of the subpoena.
It orders Jake Wagner’s attorney to appear at 9 a.m. Friday before Pike County Common Pleas Court Judge Randy Deering and “Please bring your file and interview notes of Edward (Jake) Wagner concerning the involvement of him and his co-defendants in the homicides” in the case against Jake Wagner.
Pike County massacre: Complete trial coverage
Reached for comment on the phone, Gregory Myers of Columbus declined to comment.
We also reached out to George Wagner’s lawyer, Richard Nash of Chillicothe, but we have not heard back.
We will update this story once we do.
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Lawyers have attorney-client privileges to keep such information such as notes private, so it’s not clear why Nash is requesting such records.
The subpoena between the brothers’ lawyers comes as Jake Wagner faced his brother in court all week, testifying against him in a murder trial approaching the two month mark.
The trial is taking the day off Thursday due to a scheduling conflict with the judge.
It is set to resume a 9 a.m. Friday.
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After RJN's confession that she'd lied in Dec 2019;
"Wagner said he took his grandmother’s words to heart and viewed them as “an answer from God.” He testified that he had been praying about what to do and had lied to his lawyers about committing the murders. A short time later, he said that he confessed to his lawyers and detailed his mother, father and brother’s involvement in the conspiracy but did not plan to cooperate and wanted to go to trial. He didn’t plan to testify at his trial because he would have to lie."
Ethical Obligations of a Lawyer When His Client Has Committed or Intends to Commit Perjury
What are a lawyer’s ethical obligations when his client reveals his intent to commit perjury? What are a lawyer’s ethical obligations when a lawyer learns that a client has committed perjury? 1) Persuade them not to do so. 2) Request to be removed as their attorney.
More at link below
Ethical Obligations of a Lawyer When His Client Has Committed or Intends to Commit Perjury
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The
attorney-client privilege protects most communications between clients and their lawyers. But, according to the crime-fraud exception to the privilege, a client's communication to her attorney isn't privileged if she made it with the intention of committing or covering up a crime or fraud. --more at link below--
Not all attorney-client communications are privileged.