United States Court of Appeals for the Seventh Circuit
113 F.3d 1457 (7th Cir. 1997)
Jesse Evans (defendant), a Chicago alderman, was interviewed by the Federal Bureau of Investigation in connection with alleged corruption. Evans was contacted by his friend, attorney John Holden, about the interviews. Holden set up a meeting between Evans and attorney James Koch to discuss Evans’s situation and Koch’s possible representation of Evans. Holden also attended the meeting. Evans was charged with racketeering and related crimes. The prosecution filed a motion in limine, seeking to introduce Koch’s testimony regarding the conversation at the meeting. Evans argued that the conversation was subject to the attorney-client privilege. The prosecution argued that Evans had waived the privilege by allowing Holden to attend the meeting. Koch testified that Holden had said he was attending the meeting as a friend, not as Evans’s attorney. Koch testified that he had expressed concerns at that point about the confidentiality of their conversation. Evans nonetheless requested that Holden stay for the meeting. Holden testified that the meeting did not occur in the manner in which Koch described, and that Holden had attended the meeting as Evans’s attorney. The district court granted the prosecution’s motion in limine, finding that Koch’s testimony about the meeting was more credible than Holden’s testimony. Evans appealed.
Rule of Law
Holding and Reasoning (Cummings, J.)
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