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I think OC was referring to the concept that the privilege belongs to the client and so only they can waive it. But the client won’t hold it against you, so it’s a non-issue. You were obviously trying to protect the client.
Plus, substantively, your statement helps your client because it supports the fact that you made no improper instruction to them during prep.
I would doublecheck factual and legal arguments OC makes, as he will likely try to manipulate things to exploit the experience difference between you.
But in my experience, meticulous legal work by a younger attorney who knows the facts and current laws overcomes overconfident and sometimes outdated legal experience of senior attorneys.
It will probably be a huge nothing burger. I wouldn’t worry unless you have a good reason to. We make mistakes and I don’t see a court finding that is a waiver of privilege. OC shouldn’t have asked it in the first place, if he alleges some sort of ethical violation against you it was arguably an ethical violation for him to ask it in the first place knowing he was trying to obtain privileged information.
Enthusiast
You are either dealing with a reptile lawyer, or an old attorney who bullies women and younger attorneys. The bullying has worked in the past (over the decades), and he continues to do so. Your mistake, which you admit, was allowing OC to push your buttons. This has happened to all of us. If he calls you out before a judge, fall on your sword and tell the truth: Your Honor, I did not tell my client how to testify. I mistakenly allowed OC's yelling and bullying annoy me for a moment. I apologize.
That’s the right response if called on it, but really — in what world is that gonna happen? Doesn’t sound like they have substantive testimony they need to compel so seems wasteful/stupid to file a motion. Seems super unlikely this will ever make it to a judge.
Either way, you’ll be fine. Don’t sweat it
the deponent to say he doesn’t know?” And because we were already yelling at it was so fast I blurted out “no I didn’t and you’re not entitled to that”. He smirked and said “shouldn’t have said that”. I’m panicked that I violated attorney client privilege on record and what can be done. If it matters, my client didn’t notice and won’t care or hold it against me. Help. I probably won’t sleep tonight !
It could also have been referring to in the moment - did you motion or whisper to the witness to say he doesn’t know. That wouldn’t be privileged and it’s actually good for you to clarify that you didn’t do so.
It’s hard to keep your cool and your wits about you when the other side is being ridiculous and/or aggressive. I wouldn’t be worried about this exchange.
Enthusiast
If you were telling your client to maintain what he testified to, that he does not know, for all practical purposes, you were telling him not to allow himself to be bullied. Different that tellling a deponent what his response should be.
Was there another man in the room? You have him on record, he wouldn't have acted this way toward another man. Your firm left you hanging. You did well, I'd have lost it.