Certified Legal Professional (CLP) Exam 2025 – 400 Free Practice Questions to Pass the Exam

The correct choice points out a critical distinction between what constitutes protected information under attorney-client privilege and what falls outside that protection. The essence of attorney-client privilege is to protect confidential communications made between a client and their attorney. However, not all information, particularly factual information, qualifies for such protection.

In this case, a former client's medical condition may not necessarily be regarded as a communication made by the client to the attorney. If the information in question is seen more as a fact—such as the existence of a medical condition—rather than a discussion or reflection of the client’s thoughts, ideas, or intentions, then it would not be considered privilege communication. This separation is vital because it determines the extent to which an attorney can refuse to disclose information.

Additionally, the concepts of duty of confidentiality and attorney-client privilege serve different purposes. While the duty of confidentiality protects a wide range of information relating to the representation, attorney-client privilege specifically shields only those communications made in confidence for the purpose of seeking legal advice. Thus, if the medical condition is factual information rather than a communication, it may fall outside the realm of privileged information.

This nuanced understanding is essential for legal professionals, as it affects their obligations in terms of what they can disclose and under what circumstances