B) The litigation privilege does not protect communications made by third-party agents, such as consultants. This is incorrect, the privilege can extend to communications with third-party agents.
D) The litigation privilege protects all communications related to a case, regardless of when they occurred. This is too broad, the privilege only applies to communications made in anticipation of litigation.
C) The litigation privilege prevents disclosure of documents entered as evidence during the course of litigation. This is incorrect, the privilege applies to documents prepared in anticipation of litigation, not those entered as evidence.
Hmm, I'm not sure about option B. I thought the privilege did cover communications with third-party agents like experts. I'll have to think that one through.
I feel like we had a practice question about what documents are protected, and I thought it was more about the context rather than just evidence, so maybe A is right?
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