Exam CFE - Law topic 1 question 2 discussion

Actual exam question from ACFE's CFE - Law

Question #: 2
Topic #: 1

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

3 months 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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