Attorney-Client Privilege: Definition, Scope, and Exceptions

Question 1

Under the crime-fraud exception, an attorney is ethically obligated to do what if a client confesses to intentionally setting fire to their neighbor's house?

Accepted Answer

Report the client to the authorities

Answer

Maintain confidentiality

Answer

Withdraw from representation

Answer

Consult with a supervisor

Question 2

Which fundamental principle underpins attorney-client privilege?

Accepted Answer

Confidentiality of communications between attorney and client.

Answer

Absolute and unwavering nature of the privilege.

Answer

Limited application to criminal proceedings.

Question 3

What is the primary purpose of attorney-client privilege?

Accepted Answer

Protecting client confidentiality to foster candid communication with legal counsel.

Answer

Preventing attorneys from using privileged information against clients.

Answer

Ensuring clients receive legal guidance without fear of repercussions.

Question 4

Who possesses the exclusive authority to waive attorney-client privilege?

Accepted Answer

The client alone has the right to waive the privilege.

Answer

The judge may waive the privilege if deemed necessary for justice.

Answer

The attorney has the sole authority to waive the privilege.

Question 5

Which type of communication is protected by the attorney-client privilege?

Accepted Answer

Confidential communication between a client and their attorney pertaining to a legal matter.

Answer

Public statements made by an attorney about a client's case.

Answer

Conversation between an attorney and a witness to a crime.

Question 6

What are the potential consequences of violating attorney-client privilege?

Accepted Answer

Disciplinary action against the attorney, suppression of evidence, and erosion of client trust.

Answer

Imposition of financial penalties on the client.

Answer

Criminal prosecution of the attorney.

Question 7

How does attorney-client privilege impact an attorney's role as their client's advocate?

Accepted Answer

It limits the attorney's ability to reveal confidential information during trial.

Answer

It prohibits the attorney from representing the client in court proceedings.

Answer

It grants the attorney complete discretion over the disclosure of information to the court.

Question 8

Why is maintaining client confidentiality crucial in legal practice?

Accepted Answer

It fosters trust, promotes open communication, and safeguards the client's legal rights.

Answer

It prevents the attorney from divulging information that could harm the client's reputation.

Question 9

What is NOT protected by attorney-client privilege?

Accepted Answer

Communications made in the presence of a third party who is not necessary for the communication

Answer

Communications made in confidence

Answer

Legal advice provided by the attorney

Question 10

When does the attorney-client privilege terminate?

Accepted Answer

When the client waives it, when the attorney-client relationship ends, or when the purpose of the communication has been achieved

Answer

After a specified period of time

Answer

Never

Answer

When the case is concluded

Question 11

Which of the following is an exception to the attorney-client privilege?

Accepted Answer

Communications made to further a crime or fraud

Answer

Communications made about past crimes

Answer

Communications made to obtain legal advice about past actions

Answer

Communications made in the course of preparing for a trial

Question 12

What is the ethical obligation of an attorney regarding client confidentiality?

Accepted Answer

To maintain it unless the client waives it or an exception applies

Answer

To disclose any information that could harm the client

Answer

To disclose any information that could benefit the attorney

Question 13

Which of the following is NOT a factor considered when determining whether a communication is protected by attorney-client privilege?

Accepted Answer

The client's subjective belief that the communication was confidential

Answer

The presence of third parties

Answer

The purpose of the communication

Question 14

What is the difference between attorney-client privilege and work product protection?

Accepted Answer

Attorney-client privilege protects communications, while work product protection protects materials prepared by an attorney in anticipation of litigation

Answer

Attorney-client privilege is absolute, while work product protection is qualified

Answer

Work product protection is only available to criminal defendants

Question 15

Which of the following is NOT an element of the attorney-client privilege?

Accepted Answer

The communication must be made for the purpose of obtaining illegal advice.

Answer

The communication must be made in confidence.

Answer

The client must have a reasonable expectation of confidentiality.

Answer

The communication must be for the purpose of obtaining legal advice.

Question 16

An attorney received a communication from a client who admitted to committing murder. Which of the following actions should the attorney take?

Accepted Answer

Withdraw from representation and report the client to the authorities.

Answer

Report the client to the police.

Answer

Inform the client that the communication is not privileged because it relates to a crime.

Answer

Continue representing the client and use the information to defend them.

Question 17

Which of the following is a primary purpose of attorney-client privilege?

Accepted Answer

To promote open and candid communication between clients and attorneys.

Answer

To allow attorneys to charge higher fees for their services.

Answer

To prevent attorneys from being called as witnesses against their clients.

Question 18

Which of the following is a duty of an attorney under the attorney-client privilege?

Accepted Answer

To maintain the confidentiality of client communications, even after the attorney-client relationship has ended.

Answer

To provide legal advice to clients.

Answer

To represent clients in court.

Question 19

Which of the following is a statutory exception to the attorney-client privilege?

Accepted Answer

The attorney-client communications privilege in the Federal Rules of Evidence.

Answer

The spousal privilege.

Answer

The Fifth Amendment privilege against self-incrimination.

Question 20

Which of the following is NOT considered communication protected by attorney-client privilege in the United States?

Accepted Answer

Communication made in the presence of a third party who is not an authorized representative of the attorney

Answer

Communication made through an encrypted email to an attorney

Answer

Communication made during a legal consultation with an attorney

Question 21

What is the primary purpose of attorney-client privilege in the United States?

Accepted Answer

To promote open and confidential communication between clients and their attorneys, thereby facilitating the provision of effective legal advice

Answer

To ensure that clients can seek legal advice without fear of retaliation

Answer

To prevent attorneys from disclosing client information without consent

Question 22

What is the ethical obligation of an attorney regarding the maintenance of client confidentiality in the United States?

Accepted Answer

To maintain client information confidential unless there is a legal exception or client consent

Answer

To disclose client information if it is in the public interest

Answer

To maintain client information confidential only if it benefits the attorney

Question 23

What is the key difference between attorney-client privilege and the work product doctrine in the United States?

Accepted Answer

Attorney-client privilege protects client communications, while the work product doctrine protects an attorney's mental impressions, conclusions, opinions, and legal theories

Answer

Attorney-client privilege applies only in criminal cases, while the work product doctrine applies in both civil and criminal cases

Question 24

When does the attorney-client privilege generally attach in the United States?

Accepted Answer

When a person communicates with an attorney for the purpose of seeking legal advice, and the communication is intended to be confidential

Answer

When a person pays an attorney for legal services

Answer

When a person signs a retainer agreement with an attorney

Question 25

Which of the following is NOT a factor considered in the determination of whether a communication is protected by attorney-client privilege in the United States?

Accepted Answer

The communication must be made in a public place

Answer

The communication must be made to an authorized representative of the attorney

Answer

The communication must be related to legal advice

Answer

The communication must be intended to be confidential

Question 26

What is the "crime-fraud exception" to the attorney-client privilege in the United States?

Accepted Answer

An exception that permits an attorney to disclose client information if the client is using the attorney's services to commit, attempt, or further a crime or fraud

Answer

An exception that allows an attorney to disclose client information if the client is facing criminal charges

Question 27

How can the attorney-client privilege be waived in the United States?

Accepted Answer

Expressly by the client or impliedly through the client's conduct

Answer

Only by a court order

Answer

Only if the attorney breaches the privilege

Question 28

Which of the following communications is protected under the attorney-client privilege?

Accepted Answer

A confidential conversation between an attorney and a client about a legal matter

Answer

A conversation between a doctor and a patient about a medical condition

Answer

A conversation between a priest and a parishioner about a confession

Question 29

What is the overarching purpose of attorney-client privilege?

Accepted Answer

To foster open and honest communication between attorneys and their clients

Answer

To prevent clients from being compelled to testify against their attorneys

Answer

To shield attorneys from liability for their clients' actions

Question 30

Who holds the exclusive right to waive the attorney-client privilege?

Accepted Answer

The client

Answer

The opposing party

Answer

The judge

Answer

The attorney

Question 31

What are the potential consequences of violating attorney-client privilege?

Accepted Answer

Disciplinary action against the attorney and loss of privilege protection for the client

Answer

Arrest and criminal charges against the client

Question 32

Describe the ethical duty of an attorney to maintain client confidentiality.

Accepted Answer

To safeguard the client's information from unauthorized disclosure

Answer

To share client information with other attorneys without consent

Answer

To disclose client information to the court upon request without hesitation

Question 33

Which of the following is a recommended best practice for attorneys to maintain client confidentiality?

Accepted Answer

Utilizing secure communication methods and storing client information securely

Answer

Sharing client information with colleagues without authorization

Answer

Discussing client matters in public places

Question 34

What are the potential consequences for a client if their attorney violates attorney-client privilege?

Accepted Answer

Loss of trust, reputational damage, and potential legal repercussions

Answer

Increased leverage in negotiations

Answer

Improved chances of success in court

Question 35

Which of the following is an essential element for attorney-client privilege to apply?

Accepted Answer

A confidential communication between an attorney and their client seeking or providing legal advice

Answer

The communication involves a criminal matter

Answer

The client is facing imminent harm

Question 36

What is the primary purpose of attorney-client privilege?

Accepted Answer

To foster open and honest communication between attorneys and their clients

Answer

To prevent the disclosure of sensitive information to third parties

Answer

To protect attorneys from personal liability

Question 37

Which of the following is a recognized exception to the attorney-client privilege?

Accepted Answer

The client intends to use the attorney's services to commit a crime or fraud

Answer

The communication is made in the presence of a third party

Answer

The communication involves a past crime

Question 38

An attorney represents a client who is being investigated for insider trading. The client confesses to the attorney that they engaged in illegal stock trading. What is the attorney's ethical obligation?

Accepted Answer

Withdraw from representation and report the illegal activity to the appropriate authorities

Answer

Keep the information confidential and continue to represent the client

Answer

Continue to represent the client but advise them to stop insider trading

Question 39

What is the key distinction between attorney-client privilege and the work-product doctrine?

Accepted Answer

The work-product doctrine protects materials prepared by an attorney in anticipation of litigation

Answer

The work-product doctrine only applies to civil cases

Answer

Attorney-client privilege protects all communications between an attorney and their client

Question 40

A client informs their attorney that they plan to commit a murder. What is the attorney's primary ethical responsibility?

Accepted Answer

To withdraw from representation and report the client's intention to the authorities

Answer

To keep the information confidential and continue to represent the client

Answer

To continue to represent the client but advise them against committing the murder

Question 41

Which of the following is a limitation of the attorney-client privilege?

Accepted Answer

The privilege does not apply to communications made in furtherance of a crime or fraud

Answer

The privilege only applies to communications made in writing

Answer

The privilege only applies to communications made in person

Question 42

An attorney discovers that their client has committed perjury during a trial. What is the attorney's ethical obligation?

Accepted Answer

To withdraw from representation and report the perjury to the court or appropriate authorities

Answer

To keep the information confidential and continue to represent the client

Answer

To continue to represent the client but advise them to recant their testimony

Question 43

A client informs their attorney that they plan to destroy evidence in an upcoming lawsuit. What is the attorney's primary responsibility?

Accepted Answer

To withdraw from representation and report the client's intention to the authorities

Answer

To keep the information confidential and continue to represent the client

Answer

To continue to represent the client but advise them against destroying the evidence

Question 44

Which of the following is the primary purpose of attorney-client privilege?

Accepted Answer

To protect the confidentiality of communications between clients and their attorneys

Answer

To prevent attorneys from testifying against their clients

Answer

To protect clients from being compelled to testify against themselves

Question 45

What type of communications are typically protected by attorney-client privilege?

Accepted Answer

Confidential communications made between a client and their attorney in the context of seeking or providing legal services

Answer

All communications between a client and their attorney, regardless of the purpose

Question 46

What is the ethical obligation of an attorney regarding client confidentiality?

Accepted Answer

To maintain client confidentiality to the fullest extent permitted by law

Answer

To disclose client information when it is requested by law enforcement

Answer

To disclose client information when it is necessary to protect the attorney's interests

Question 47

Which of the following is considered a "holder" of attorney-client privileged information?

Accepted Answer

The client, the attorney, and any agent or employee of the attorney who has access to the information

Answer

Only the client and their attorney

Question 48

What is the consequence of an attorney violating the duty to maintain client confidentiality?

Accepted Answer

Disciplinary action by the bar association, malpractice liability, and loss of trust from clients

Answer

Criminal charges

Answer

Termination of the attorney-client relationship

Question 49

Which of the following is a common scenario where attorney-client privilege may be waived?

Accepted Answer

When the client puts privileged information at issue in a lawsuit

Answer

When the client dies

Answer

When the attorney testifies at a trial

Question 50

What is the role of the court in protecting attorney-client privilege?

Accepted Answer

To determine whether the privilege applies in specific cases and to balance the need for confidentiality against other important interests, such as the need for evidence in a criminal case

Answer

To automatically grant privilege to all communications between clients and attorneys

Question 51

Which of the following is NOT a factor that courts consider when determining whether to uphold attorney-client privilege?

Accepted Answer

The client's financial status

Answer

The purpose of the communication

Answer

The potential harm to the client if the privilege is not upheld

Answer

The nature of the communication

Question 52

What is the best practice for attorneys to avoid inadvertently waiving attorney-client privilege?

Accepted Answer

To clearly mark all privileged communications as "privileged" or "confidential" and to limit the dissemination of privileged information only to those who need to know it

Answer

To never discuss privileged information over the phone or in email