Certified Legal Professional (CLP) Practice Exam

What happens if a client waives attorney-client privilege by sharing information with a third party?

1. The attorney can no longer use that information

2. The attorney still holds privilege over that information

3. The client can reclaim privilege at any time

4. The attorney must disclose the information to avoid liability

The correct answer is: The attorney can no longer use that information

When a client waives attorney-client privilege by sharing confidential information with a third party, it essentially removes the protective barrier that privilege provides. This means that the attorney can no longer claim that the information is privileged or confidential. Once the privilege is waived, the attorney is free to use or disclose that information without it being protected under the privilege law. The sharing of privileged information with a third party suggests that the information is no longer considered confidential between the client and the attorney. In essence, the attorney's ability to keep that information confidential is compromised. Maintaining the confidentiality of communications is fundamental to the attorney-client relationship, and once that confidentiality is breached, the protective rights associated with attorney-client privilege are lost. This understanding aligns with the nature of the privilege itself, which is designed to encourage full and frank communication between clients and their attorneys. However, this privilege is contingent upon the maintenance of confidentiality. Therefore, the action of sharing privileged information with a third party is pivotal in determining the attorney's obligations and rights regarding that information. In contrast, the other choices reflect misunderstandings of how attorney-client privilege operates. For example, the notion that the attorney still holds privilege over that information does not hold true since the privilege has been waived. Similarly, the idea that