Legal Aid Society

John Deadbeat is being charged with the crime of intentional failure to pay court-ordered child support for an illegitimate child he had with Ima Mother. Deadbeat goes to the offices of the local legal aid society and seeks the legal advice of an attorney to try to defend him at trial. He is assigned Hector Barrister, a licensed attorney, who talks to him during the interview and tells him about his rights, the defenses, and the trial procedure. During the course of the conversation, Deadbeat tells Barrister that he is concerned about the trial because he is afraid that Mother will testify that Deadbeat had tried to kill her one night about a month ago during an argument, when he aimed a shotgun at her and actually pulled the trigger intending to kill her but the weapon was still on safety and Mother was able to run away at that time. Barrister advises Deadbeat that in light of everything Deadbeat told him, he was going to lose at court. Deadbeat is visibly upset and tells Barrister that he will “finish the job he did not complete” when he tried to kill her in the past, and “this time the safety will be off and the shotgun will be loaded.”Are Deadbeat’s statements about the past attempt to kill Mother privileged under the attorney-client privilege? Please explain your answer.Are Deadbeat’s statements about his intent to kill Mother in the future privileged under the attorney-client privilege? Please explain your answer.

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