ACFE CFE-Law Exam - Topic 4 Question 69 Discussion

Actual exam question for ACFE's CFE-Law exam

Question #: 69
Topic #: 4

Bob receives a memorandum from his attorney that is protected by a legal professional privilege Bob emails the memorandum to a third party who has no need to know the information in the memorandum Which of the following statements is MOST ACCURATE?

ABob did not walve the privilege because the legal professional privilege belongs to the attorney, not the client

BBob might have waived the privilege because he transmitted the protected information to a third party who has no need to know the information

CBob might have waived the privilege because he used email to transmit the protected information.

DBob did not waive the privilege because the legal professional privilege cannot be waived by transmitting protected information to a third party

Show Suggested Answer

Suggested Answer: B

by Alva at Jan 05, 2026, 05:16 AM

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Denise

14 days ago

A) Bob did not walve the privilege because the legal professional privilege belongs to the attorney, not the client. Wait, did he say "walve"? Lol.

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Omer

20 days ago

C) Bob might have waived the privilege because he used email to transmit the protected information.

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Quentin

25 days ago

B) Bob might have waived the privilege because he transmitted the protected information to a third party who has no need to know the information.

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Carolann

30 days ago

I thought I read that privilege can still be maintained even if shared with a third party, so D might be the answer. But I’m not completely confident.

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Sage

1 month ago

I practiced a question similar to this where the focus was on the method of transmission. I wonder if C could be a factor here, but it seems a bit extreme.

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Sheridan

1 month ago

I’m not entirely sure, but I think the privilege belongs to the client, so maybe A is right? It feels like it could go either way.

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Yolande

2 months ago

I remember discussing how privilege can be waived if the client shares information with someone outside the attorney-client relationship. So, I think B might be correct.

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Janae

2 months ago

Ugh, these legal questions can be so tricky. I'll need to review the concepts of legal privilege and waiver before attempting this one.

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Louann

2 months ago

I'm feeling pretty confident about this. I'll go with option B - transmitting the information to a third party is likely to be seen as a waiver, regardless of the method used.

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Melissa

2 months ago

I'm a bit confused on the difference between B and C. Do the methods of transmission (email vs. other means) really matter for waiving the privilege?

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Sarina

2 months ago

Okay, I think I've got this. The key is whether Bob's actions constituted a waiver of the privilege, even though the privilege belongs to the attorney.

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Iola

2 months ago

Hmm, this seems like a tricky one. I'll need to carefully consider the nuances of legal privilege and how it can be waived.

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