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Exam CFE - Law All Questions

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Exam CFE - Law topic 1 question 2 discussion

Actual exam question from ACFE's CFE - Law
Question #: 2
Topic #: 1
[All CFE - Law Questions]

Bob receives a memorandum from his attorney that is protected by a legal professional privilege. Bob emails the memorandum to a third party who has no need to know the information in the memorandum. Which of the following statements is MOST ACCURATE?

  • A. Bob might have waived the privilege because he transmitted the protected information to a third party who has no need to know the information.
  • B. Bob might have waived the privilege because he used email to transmit the protected information.
  • C. Bob did not waive the privilege because the legal professional privilege belongs to the attorney, not the client.
  • D. Bob did not waive the privilege because the legal professional privilege cannot be waived by transmitting protected information to a third party.
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Suggested Answer: C 🗳️
by raochavan at Sept. 3, 2024, 5:53 p.m.

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raochavan
1 month, 2 weeks ago
Answer should be A - Legal professional privilege protects confidential communications between a lawyer and their client from being disclosed without the client's consent. By emailing the memorandum to a third party who has no need to know the information, Bob may have waived the privilege. Waiver can occur if the confidential information is disclosed to a third party in a manner inconsistent with maintaining its confidentiality. Therefore, option A is the most accurate statement in this scenario.
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