ACFE CFE-Law Exam - Topic 2 Question 58 Discussion

Actual exam question for ACFE's CFE-Law exam

Question #: 58
Topic #: 2

Which of the following typically does NOT have to be present for communications between an attorney and the attorney's client to be protected by a legal professional privilege?

APurpose of the communications was to seek or provide legal advice

BA lawsuit has been filed

CIntent to keep the communications confidential

DCommunication between a legal advisor and a client

Show Suggested Answer

Suggested Answer: B

by Kattie at Mar 19, 2025, 05:57 PM

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Sherrell

9 months ago

Agree, purpose of communication is key for privilege!

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Irma

9 months ago

I thought a lawsuit had to be filed for privilege?

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Elroy

9 months ago

Wait, so it can be protected even without a lawsuit?

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Shawn

9 months ago

Not sure about that, seems too broad without a lawsuit.

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Aliza

9 months ago

Definitely need the intent to keep it confidential!

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Barabara

10 months ago

I keep mixing up the requirements for privilege; I thought all of these were important, but maybe D is the one that doesn't need to be present?

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Ethan

10 months ago

I feel like I've seen a similar question before, and it was about the necessity of a lawsuit. So, I might lean towards B as well.

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Amina

10 months ago

I'm not entirely sure, but I remember something about the intent to keep communications confidential being really important, so maybe it's not C?

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Truman

10 months ago

I think the answer might be B, since a lawsuit doesn't have to be filed for privilege to apply.

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Celeste

11 months ago

I've got a good feeling about this one. I'm pretty sure the existence of a lawsuit isn't necessary for the privilege to apply.

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Melita

11 months ago

Okay, let me break this down. The privilege is about communications for the purpose of seeking or providing legal advice, right? I think the key is figuring out what's not required.

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Jerry

11 months ago

I'm a bit confused on this one. I know the privilege requires confidentiality, but I'm not sure about the other requirements.

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Jodi

11 months ago

Hmm, this is a tricky one. I'll need to think carefully about the key elements of legal professional privilege.

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Sarina

1 year ago

D is the obvious choice. I mean, what's the point of having an attorney if they're not, you know, actually your attorney? #LawyerNotIncluded

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Miesha

1 year ago

D) Communication between a legal advisor and a client

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Rory

1 year ago

C) Intent to keep the communications confidential

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Yvette

1 year ago

B) A lawsuit has been filed

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Sherman

1 year ago

A) Purpose of the communications was to seek or provide legal advice

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Catarina

1 year ago

Hmm, I think C is the key here. If the client sends the attorney's advice to their entire contact list, it's kind of hard to claim confidentiality, am I right? #OpenBookPolicy

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Stevie

1 year ago

You're right, A) Purpose of the communications was to seek or provide legal advice is also important. So, the answer could be D) Communication between a legal advisor and a client.

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Lorrie

1 year ago

But doesn't the purpose of the communications being for legal advice also play a role?

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Stevie

1 year ago

I disagree, I believe the answer is C) Intent to keep the communications confidential.

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Lorrie

1 year ago

I think the answer is B) A lawsuit has been filed.

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Kyoko

1 year ago

The answer is B, right? I mean, who needs legal privilege when you can just settle everything in the court of public opinion on Twitter? #SocialMediaLawyer

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