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ACFE CFE-Law Exam - Topic 1 Question 76 Discussion

Regarding the litigation privilege in common law jurisdictions, which of the following is the MOST ACCURATE statement?
A) The litigation privilege prevents disclosure of documents prepared in anticipation of litigation.
B) The litigation privilege does not protect communications made by third-party agents, such as consultants.
C) The litigation privilege prevents disclosure of documents entered as evidence during the course of litigation.
D) The litigation privilege protects all communications related to a case, regardless of when they occurred.

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?

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Suggested Answer: A

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

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Kristofer
4 days ago
D is too broad. Not all communications are protected.
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Frederica
9 days ago
C is misleading. Evidence is usually disclosed.
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Genevieve
15 days ago
B seems off. Third-party communications can be crucial.
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Kris
20 days ago
I agree, A makes the most sense. It’s about anticipation.
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Dalene
25 days ago
I think A is the best choice. It aligns with what I've studied.
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Xuan
1 month ago
D) is definitely wrong, not all communications are protected.
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Judy
1 month ago
C) doesn't sound right, evidence can be disclosed, right?
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Jacqueline
1 month ago
Wait, B) seems off. What about expert witnesses?
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Dan
2 months ago
Totally agree, A) is the right choice!
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Annita
2 months ago
A) is correct, it covers documents made in anticipation of litigation.
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Deangelo
2 months 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
2 months 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
2 months 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
2 months 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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