ACFE Exam CFE-Law Topic 2 Question 40 Discussion

Actual exam question for ACFE's CFE-Law exam

Question #: 40
Topic #: 2

Which of the following is the MOST ACCURATE statement about the litigation privilege in common law jurisdictions?

AThe primary purpose of the litigation privilege is to protect confidential communications between a client and the client's legal representative

BThe litigation privilege only protects documents and materials prepared by an attorney

CThe litigation privilege applies only while a trial is underway

DThe litigation privilege applies only to documents and materials prepared in anticipation of litigation

Show Suggested Answer

Suggested Answer: A

by Anglea at Jun 30, 2024, 10:03 AM

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Dyan

15 days ago

Hmm, I don't think the litigation privilege is that limited. It applies to the whole litigation process, not just during the trial. Option C can't be right.

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Ryann

20 days ago

I'm not sure about that. Isn't the litigation privilege only for documents and materials prepared by the attorney? Option B seems more accurate to me.

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Sophia

25 days ago

Hmm, that's a good point. I can see how both A and D could be valid answers depending on the context.

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Tegan

27 days ago

I think option A is the correct answer. The litigation privilege is all about protecting confidential communications between the client and their lawyer.

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Roosevelt

6 days ago

I think option D might also be correct. It applies to documents prepared in anticipation of litigation.

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Rosann

13 days ago

I agree, option A is the most accurate statement. It's all about protecting confidential communications.

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Nohemi

27 days ago

I disagree, I believe it's D) The litigation privilege applies only to documents and materials prepared in anticipation of litigation.

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Sophia

1 months ago

I think the most accurate statement is A) The primary purpose of the litigation privilege is to protect confidential communications between a client and the client's legal representative.

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