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ACFE CFE-Law Exam - Topic 2 Question 58 Discussion

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

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?

Suggested Answer: B

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31 comments · newest first
SH
Sherrell 10 months ago
Agree, purpose of communication is key for privilege!
IR
Irma 10 months ago
I thought a lawsuit had to be filed for privilege?
EL
Elroy 11 months ago
Wait, so it can be protected even without a lawsuit?
SH
Shawn 11 months ago
Not sure about that, seems too broad without a lawsuit.
AL
Aliza 11 months ago
Definitely need the intent to keep it confidential!
BA
Barabara 11 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?
ET
Ethan 12 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.
AM
Amina 12 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?
TR
Truman 12 months ago
I think the answer might be B, since a lawsuit doesn't have to be filed for privilege to apply.
CE
Celeste 1 year 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.
ME
Melita 1 year 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.
JE
Jerry 1 year ago
I'm a bit confused on this one. I know the privilege requires confidentiality, but I'm not sure about the other requirements.
JO
Jodi 1 year ago
Hmm, this is a tricky one. I'll need to think carefully about the key elements of legal professional privilege.
SA
Sarina 2 years 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
MI
Miesha 1 year ago
↳ replying to Sarina
D) Communication between a legal advisor and a client
RO
Rory 1 year ago
↳ replying to Sarina
C) Intent to keep the communications confidential
YV
Yvette 1 year ago
↳ replying to Sarina
B) A lawsuit has been filed
SH
Sherman 1 year ago
↳ replying to Sarina
A) Purpose of the communications was to seek or provide legal advice
CA
Catarina 2 years 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
ST
Stevie 2 years 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.
LO
Lorrie 2 years ago
But doesn't the purpose of the communications being for legal advice also play a role?
ST
Stevie 2 years ago
I disagree, I believe the answer is C) Intent to keep the communications confidential.
LO
Lorrie 2 years ago
I think the answer is B) A lawsuit has been filed.
KY
Kyoko 2 years 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
HU
Hubert 1 year ago
↳ replying to Kyoko
C) Intent to keep the communications confidential
CH
Chun 2 years ago
↳ replying to Kyoko
B) A lawsuit has been filed
AL
Alease 2 years ago
↳ replying to Kyoko
A) Purpose of the communications was to seek or provide legal advice
KA
Karol 2 years ago
Well, I guess the attorney-client privilege doesn't apply when you're streaming the whole conversation on TikTok, huh? #NoConfidentiality
FL
Fletcher 2 years ago
↳ replying to Karol
C) Intent to keep the communications confidential
RA
Raelene 2 years ago
↳ replying to Karol
B) A lawsuit has been filed
JE
Jerrod 2 years ago
↳ replying to Karol
A) Purpose of the communications was to seek or provide legal advice
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