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ACFE CFE-Law Exam - Topic 1 Question 76 Discussion

Actual exam question for ACFE's CFE-Law exam

Question #: 76
Topic #: 1

[All CFE-Law Questions]

Regarding the litigation privilege in common law jurisdictions, which of the following is the MOST ACCURATE statement?

AThe litigation privilege prevents disclosure of documents prepared in anticipation of litigation.

BThe litigation privilege does not protect communications made by third-party agents, such as consultants.

CThe litigation privilege prevents disclosure of documents entered as evidence during the course of litigation.

DThe litigation privilege protects all communications related to a case, regardless of when they occurred.

Show Suggested Answer

Suggested Answer: A

by Paris at May 29, 2026, 04:45 PM

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Dan

10 hours ago

Totally agree, A) is the right choice!

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Annita

6 days ago

A) is correct, it covers documents made in anticipation of litigation.

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Deangelo

11 days ago

Option D seems too broad to me; I remember that privilege usually has specific limits, so I doubt it protects all communications.

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Sherly

16 days ago

I feel like we had a practice question that mentioned documents entered as evidence, but I can't recall if that was related to privilege or not.

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Genevieve

21 days ago

I'm not entirely sure, but I remember something about third-party communications not being protected, which might relate to option B.

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Herminia

26 days ago

I think option A sounds familiar because we discussed how litigation privilege is about protecting documents created for legal proceedings.

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