Certified Legal Professional (CLP) Practice Exam

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Is a communication between a client and attorney about the workability of a deal considered privileged?

A) Yes, because it was a confidential discussion
B) Yes, if the intent was to seek legal advice
C) No, because it was merely an opinion
D) No, if the client insists on modifying the terms

The correct answer is: B) Yes, if the intent was to seek legal advice

The correct response highlights an essential aspect of attorney-client privilege, which is that the communication must be made with the intent to seek legal advice in order to be protected. When a client discusses the workability of a deal specifically to obtain legal guidance from their attorney, this interaction is considered privileged. The privilege is designed to encourage open and honest communication between attorneys and their clients, facilitating effective legal representation. In this context, the intent behind the communication is crucial. If the discussion is framed within the scope of seeking legal advice, it maintains its privileged status. This principle is foundational in legal practice, as privilege not only protects the communication itself but also the circumstances under which the advice is sought. On the other hand, communications that do not clearly seek legal advice or that are more general opinions may not qualify for privilege. This distinction means that even if the discussion is confidential, it must be purpose-driven towards legal counsel to invoke privilege.