Here's a summation of Linda DB's argument re: Padillas:
1. There was no notice to the parties (LP et al.). The defense's motion, if granted by Strickland, would work as a gag order on LP, TP, TMc, and so on.
2. Defense's statement that any and all statements between LP & crew and Casey should be subject to attorney/client privilege is not supported by case law. LDB said that case law narrows A/C privilege to situations "only in rendition of legal services". How was LP & crew offering legal services? Heh.
3. The person asserting the privilege has the burden of proving the privilege. Case law specifies that this has to be established FIRST before one goes any further. She is saying that the defense MUST prove the privilege exists and the Court has to look at what evidence is before it in order to establish the privilege. In other words, you can't just "say" there is a privilege...it must be proven and when one looks at the four corners of the document it is seemingly not an agency agreement.