ACFE Exam CFE-Law Topic 1 Question 22 Discussion

Actual exam question for ACFE's CFE-Law exam

Question #: 22
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?

ABob did not walve the privilege because the legal professional privilege belongs to the attorney, not the client

BBob might have waived the privilege because he transmitted the protected information to a third party who has no need to know the information

CBob might have waived the privilege because he used email to transmit the protected information.

DBob did not waive the privilege because the legal professional privilege cannot be waived by transmitting protected information to a third party

Show Suggested Answer

Suggested Answer: D

by Graciela at Aug 05, 2023, 07:39 AM

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Denna

29 days ago

Well, at least Bob didn't try to fax the memo. That would have been even more of a disaster! But seriously, option B seems like the best answer here.

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Mozell

1 months ago

Haha, Bob's got some explaining to do! I'm picturing him frantically trying to recall that email before the attorney finds out. Option B is the way to go, I think.

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Corinne

1 months ago

Wait, doesn't the legal professional privilege belong to the attorney, not the client? Option A looks like the correct answer to me. Bob didn't waive anything.

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Tony

1 months ago

Hmm, I'm not sure if the method of transmission (email) really matters here. The key issue is that he shared the confidential information with someone who didn't need to know. Option B seems like the most accurate choice.

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Dyan

2 months ago

Oh no, Bob! Sharing that privileged memo with a third party? That's a big no-no. I'd go with option B - he might have waived the privilege by doing that.

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