Certified Legal Professional (CLP) Practice Exam

Is the attorney correct in asserting that the business records are protected by attorney-client privilege?

1. Yes, the records gain privileged status by the fact that the client delivered them privately to obtain legal advice

2. No, the records gain no privileged status by the fact that the client delivered them to obtain legal advice

3. Privilege applies only if the client was anticipating litigation at the time he provided the records

4. Yes, as long as the records were discussed in a confidential setting

The correct answer is: No, the records gain no privileged status by the fact that the client delivered them to obtain legal advice

The assertion that the business records are protected by attorney-client privilege is indeed nuanced. Attorney-client privilege is designed to protect communications made in confidence for the purpose of obtaining legal advice. However, business records, unless they consist of communications specifically intended to be confidential legal advice, do not automatically gain privileged status just because they were shared with an attorney. For privilege to apply, the communication must not only be intended for legal advice but also have a level of confidentiality. Simply delivering business records to an attorney, even with the intention of receiving legal advice, does not provide blanket protection under attorney-client privilege unless those records contain specific confidential communications related to legal advice. As such, the nature of the records and the circumstances under which they were shared are critical to determining whether they are privy to the protections of privilege. This nuance clarifies why the assertion regarding their protected status, based solely on their delivery for the purpose of receiving legal advice, is not adequate for establishing attorney-client privilege.