ACFE Exam CFE-Law Topic 2 Question 40 Discussion

Actual exam question for ACFE's CFE-Law exam

Question #: 40
Topic #: 2

Which of the following is the MOST ACCURATE statement about the litigation privilege in common law jurisdictions?

AThe primary purpose of the litigation privilege is to protect confidential communications between a client and the client's legal representative

BThe litigation privilege only protects documents and materials prepared by an attorney

CThe litigation privilege applies only while a trial is underway

DThe litigation privilege applies only to documents and materials prepared in anticipation of litigation

Show Suggested Answer

Suggested Answer: A

by Anglea at Jun 30, 2024, 10:03 AM

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Maile

1 months ago

Haha, yeah, lawyers gotta lawyer. As long as it's not my lawyer trying to pull one over on me, I don't mind them stretching the rules a bit.

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Donette

1 months ago

Well, if the litigation privilege is meant to protect lawyers, I guess they'd want it to cover as much as possible. Anything to bill more hours, am I right?

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Nu

8 days ago

A) Definitely, lawyers need that protection to effectively represent their clients.

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Felix

15 days ago

D) Yeah, it makes sense that it would cover documents prepared in anticipation of litigation too.

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Troy

17 days ago

B) I think it's more about protecting the communication between the client and lawyer, not just the lawyer themselves.

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Goldie

20 days ago

A) The primary purpose of the litigation privilege is to protect confidential communications between a client and the client's legal representative

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Levi

1 months ago

Ah, I see. The key is that the privilege applies to materials prepared in anticipation of litigation, not just during the trial itself. Option D sounds like the most accurate statement.

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Detra

4 days ago

I didn't realize it was specifically for materials prepared in anticipation of litigation.

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Joanna

7 days ago

That makes sense, it's all about preparing for litigation.

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Michel

19 days ago

I agree, option D is the most accurate statement.

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Dyan

2 months ago

Hmm, I don't think the litigation privilege is that limited. It applies to the whole litigation process, not just during the trial. Option C can't be right.

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Carissa

8 days ago

D) The litigation privilege applies only to documents and materials prepared in anticipation of litigation

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Jerilyn

20 days ago

Hmm, I don't think the litigation privilege is that limited. It applies to the whole litigation process, not just during the trial. Option C can't be right.

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Franchesca

28 days ago

B) The litigation privilege only protects documents and materials prepared by an attorney

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Sanjuana

1 months ago

A) The primary purpose of the litigation privilege is to protect confidential communications between a client and the client's legal representative

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Ryann

2 months ago

I'm not sure about that. Isn't the litigation privilege only for documents and materials prepared by the attorney? Option B seems more accurate to me.

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Diane

1 months ago

User 2: I disagree, I believe it only protects documents and materials prepared by an attorney.

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Noel

1 months ago

User 1: I think the primary purpose is to protect confidential communications between a client and their legal representative.

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Sophia

2 months ago

Hmm, that's a good point. I can see how both A and D could be valid answers depending on the context.

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Tegan

2 months ago

I think option A is the correct answer. The litigation privilege is all about protecting confidential communications between the client and their lawyer.

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Tarra

1 months ago

I believe option A is the best choice. It makes sense that the privilege is to protect client-lawyer communications.

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Beatriz

1 months ago

I'm not sure, but I think option B is incorrect. The privilege is not limited to documents prepared by an attorney.

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Roosevelt

2 months ago

I think option D might also be correct. It applies to documents prepared in anticipation of litigation.

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Rosann

2 months ago

I agree, option A is the most accurate statement. It's all about protecting confidential communications.

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Nohemi

2 months ago

I disagree, I believe it's D) The litigation privilege applies only to documents and materials prepared in anticipation of litigation.

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Sophia

3 months ago

I think the most accurate statement is A) The primary purpose of the litigation privilege is to protect confidential communications between a client and the client's legal representative.

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