Attorney-Client Privilege: A Comprehensive Guide for Law Students

Question 1

Which of the following is an exception to the attorney-client privilege recognized by most jurisdictions?

Accepted Answer

Crime-fraud exception

Answer

Lawyer as witness exception

Answer

Clergy-penitent privilege

Answer

Husband-wife privilege

Question 2

Which of the following is NOT a purpose of the attorney-client privilege?

Accepted Answer

To promote the speedy resolution of disputes.

Answer

To encourage open communication between clients and their attorneys.

Answer

To protect confidential information.

Answer

To create a safe space for clients to discuss legal matters.

Question 3

What is the primary goal of the attorney-client privilege?

Accepted Answer

To protect the confidentiality of communications between clients and their attorneys.

Answer

To ensure that clients have access to legal advice.

Answer

To prevent attorneys from testifying against their clients.

Answer

To promote the public good.

Question 4

The attorney-client privilege protects:

Accepted Answer

Both verbal and written communications between attorney and client.

Answer

Only verbal communications between attorney and client.

Answer

Only written communications between attorney and client.

Answer

Neither verbal nor written communications between attorney and client.

Question 5

Who has the ultimate authority to waive the attorney-client privilege?

Accepted Answer

Client

Answer

Attorney

Question 6

What type of communication is generally NOT protected by the attorney-client privilege?

Accepted Answer

Confessions of criminal activity

Answer

Discussions of legal strategy

Answer

Letters between attorney and client

Question 7

What is the work-product doctrine?

Accepted Answer

Protection for attorney's notes and memoranda

Answer

Exception to the hearsay rule

Question 8

What is the ethical duty of an attorney to preserve the confidentiality of client information?

Accepted Answer

Lawyer-client confidentiality

Answer

Attorney-client privilege

Question 9

Which of the following communications is protected by the attorney-client privilege?

Accepted Answer

A conversation between an attorney and their client about a legal issue

Answer

A statement made by a client to a third party in the presence of their attorney

Answer

An email from an attorney to their client summarizing a legal opinion without the client's consent

Answer

A letter from a client to their attorney seeking legal advice that includes information about illegal activities

Question 10

What is the primary purpose of the attorney-client privilege?

Accepted Answer

To promote open and confidential communication between attorneys and their clients

Answer

To protect clients from being compelled to testify against their attorneys

Answer

To prevent attorneys from using privileged information against their clients

Answer

To ensure that all parties have equal access to legal representation

Question 11

What is the "work product" doctrine?

Accepted Answer

A doctrine that protects attorney work product from discovery in anticipation of litigation

Answer

A doctrine that allows attorneys to refuse to testify about privileged communications

Answer

A doctrine that prevents clients from waiving the attorney-client privilege

Answer

A doctrine that creates a presumption of privilege for communications between attorneys and their clients

Question 12

Which of the following factors is NOT considered in determining whether an attorney-client communication is privileged?

Accepted Answer

The location of the communication

Answer

The subject matter of the communication

Answer

The intent of the parties

Answer

The presence of third parties with a need to know the information

Question 13

What is the "joint defense" privilege?

Accepted Answer

A privilege that protects communications between co-defendants and their attorneys when they are working together on a common defense strategy

Answer

A privilege that protects communications between an attorney and multiple clients who are not co-defendants

Answer

A privilege that protects communications between an attorney and a client's spouse

Answer

A privilege that protects communications between an attorney and a client's therapist

Question 14

Which of the following is NOT a best practice for maintaining the attorney-client privilege?

Accepted Answer

Disclosing privileged information to third parties without client consent

Answer

Communicating with clients in person or by secure methods

Answer

Documenting privileged communications carefully and appropriately

Answer

Supervising staff to ensure compliance with privilege rules

Question 15

Which of the following elements is NOT required for the attorney-client privilege to apply?

Accepted Answer

Communication in furtherance of a crime or fraud

Answer

Communication between the attorney and the client

Answer

Legal advice given by the attorney to the client

Answer

Confidentiality of the communication

Question 16

The attorney-client privilege is primarily based on:

Accepted Answer

The common law principle of confidentiality.

Answer

The First Amendment right to freedom of speech.

Answer

The Sixth Amendment right to counsel.

Answer

The Federal Rules of Evidence.

Question 17

Which of the following is NOT a purpose of the attorney-client privilege?

Accepted Answer

To ensure that clients can share any information they want with their attorneys without fear of reprisal.

Answer

To promote the attorney's duty of loyalty to the client.

Answer

To protect the confidentiality of communications between clients and their attorneys.

Answer

To prevent attorneys from being forced to testify against their clients.

Question 18

Which of the following is NOT a condition for claiming the attorney-client privilege?

Accepted Answer

The communication must be made in writing

Answer

The communication must be confidential

Answer

The communication must concern legal advice

Answer

The communication must be made to a licensed attorney

Question 19

In a criminal trial, the defendant's attorney-client communications are:

Accepted Answer

Subject to limited exceptions

Answer

Absolutely privileged

Answer

Not privileged

Answer

Privileged only if the defendant waives it

Question 20

In the United States legal system, the attorney-client privilege is recognized by:

Accepted Answer

Both federal and state laws

Answer

Federal statutes

Answer

State statutes

Answer

Neither federal nor state laws

Question 21

Which of the following most accurately describes the primary purpose of the attorney-client privilege?

Accepted Answer

To ensure the confidentiality of communications between attorneys and their clients for the purpose of providing legal advice.

Answer

To protect the identity of clients seeking legal advice.

Answer

To prevent attorneys from being compelled to testify against their clients.

Answer

To provide a blanket immunity from prosecution for communications made to an attorney.

Question 22

In a criminal case, how can an attorney leverage the attorney-client privilege to protect their client's interests?

Accepted Answer

Prevent the prosecution from accessing confidential attorney-client communications.

Answer

Compel the client to testify against their will.

Answer

Present privileged communications as evidence for the defense.

Answer

Delay the trial indefinitely.

Question 23

In which situation does the crime-fraud exception to the attorney-client privilege apply?

Accepted Answer

An individual consults an attorney to plan a robbery.

Answer

A client admits to a past crime during a meeting with their attorney.

Answer

An attorney advises a client on tax evasion strategies.

Question 24

The primary purpose of the attorney-client privilege is to:

Accepted Answer

Foster open and confidential communication between clients and their attorneys

Answer

Prevent attorneys from being compelled to testify against their clients

Answer

Protect the privacy of individuals' communications with their advisors

Question 25

Which of the following is NOT an essential element for the attorney-client privilege to apply?

Accepted Answer

The communication was made in a social setting

Answer

The client intended the communication to be confidential

Answer

The communication was made for the purpose of obtaining legal advice

Answer

The communication was made to a licensed attorney

Question 26

In which scenario would the attorney-client privilege NOT apply?

Accepted Answer

When the client seeks legal advice to commit a crime or fraud

Answer

When the client is seeking advice on a business transaction

Answer

When the client is discussing their personal life with their attorney

Question 27

The attorney-as-witness exception to the attorney-client privilege allows:

Accepted Answer

An attorney to testify about their own observations or actions in a legal proceeding

Answer

An attorney to testify about confidential communications with their client

Answer

A client to testify about communications with their attorney

Question 28

Which communication is NOT protected by the attorney-client privilege?

Accepted Answer

A conversation between a client and a paralegal not supervised by an attorney

Answer

A letter from a client to their attorney outlining their legal issue

Answer

A phone call between a client and their attorney discussing trial strategy

Question 29

An attorney who learns that their client intends to commit a crime has the ethical duty to:

Accepted Answer

Withdraw from representation and report the client to authorities

Answer

Keep the information confidential and not disclose it to anyone

Answer

Continue representing the client and try to dissuade them from committing the crime

Question 30

A privileged communication for purposes of the attorney-client privilege is:

Accepted Answer

A confidential communication made to an attorney for legal advice

Answer

A communication made to an attorney after the attorney-client relationship has ended

Answer

A communication made to an attorney in the presence of a third party

Question 31

Which of the following is a requirement for the attorney-client privilege to apply?

Accepted Answer

The communication must be made for the purpose of obtaining legal advice.

Answer

The communication must be made in writing.

Answer

The communication must be made in the presence of a third party.

Question 32

The crime-fraud exception to attorney-client privilege applies when:

Accepted Answer

The client sought the attorney's advice to commit a crime or fraud.

Answer

The communication was made in furtherance of a civil lawsuit.

Answer

The attorney advised the client to commit a crime or fraud.

Question 33

Which of the following is an ethical duty of an attorney regarding attorney-client privilege?

Accepted Answer

To advise the client of the scope and limitations of attorney-client privilege.

Answer

To waive the privilege without the client's consent.

Answer

To disclose all confidential communications to the client's spouse.

Question 34

Which of the following is protected by the work product doctrine?

Accepted Answer

Documents and tangible things prepared by an attorney in anticipation of litigation.

Answer

All communications between an attorney and a client.

Answer

Only communications that are made in confidence.

Question 35

Which of the following is a limitation of the work product doctrine?

Accepted Answer

The work product doctrine does not protect documents that are prepared after litigation has commenced.

Answer

The work product doctrine does not protect documents that are prepared by non-attorneys.

Answer

The work product doctrine does not protect communications between an attorney and a client.

Question 36

Under the crime-fraud exception, the attorney-client privilege does not apply to communications that are:

Accepted Answer

Made in furtherance of a crime or fraud.

Answer

Made for the purpose of obtaining legal advice.

Answer

Made between an attorney and a client.

Answer

Made in confidence.

Question 37

Which of the following is NOT a requirement for the attorney-client privilege to apply?

Accepted Answer

The communication must be made in the presence of a third party.

Answer

The communication must be made for the purpose of obtaining legal advice.

Answer

The communication must be made by a client or the client's representative.

Question 38

A corporation's in-house counsel is investigating potential wrongdoing by a corporate officer.  Which statement accurately reflects the attorney-client privilege in this situation?

Accepted Answer

Communications between the in-house counsel and the corporate officer are generally protected by the attorney-client privilege.

Answer

The attorney-client privilege does not apply to in-house counsel.

Question 39

A client shares confidential information with their attorney but later decides to terminate the relationship.  What happens to the attorney-client privilege?

Accepted Answer

The attorney-client privilege generally continues to apply even after the attorney-client relationship ends.

Answer

The client can revoke the privilege by notifying the attorney in writing.

Answer

The privilege ends when the client fires the attorney.

Question 40

An attorney representing a client in a civil lawsuit receives a subpoena for documents related to the case.  What is the attorney's obligation regarding producing these documents?

Accepted Answer

The attorney may be required to produce documents that are not protected by the attorney-client privilege.

Answer

The attorney is never required to produce documents in a civil lawsuit.

Question 41

A client seeks legal advice from an attorney about a potential business deal, with their spouse present during the consultation.  Does the attorney-client privilege apply?

Accepted Answer

The privilege does not generally apply to communications made in the presence of a third party, including the client's spouse.

Answer

The privilege applies because the spouse is considered a client representative.

Answer

The privilege applies as long as the spouse is not involved in the business deal.

Question 42

What is a key factor in determining whether a communication is protected by the attorney-client privilege?

Accepted Answer

The primary purpose of the communication, whether it was made for the purpose of obtaining legal advice.

Answer

The attorney's fee structure

Answer

The client's financial status

Answer

The length of the communication

Question 43

A client asks their attorney to prepare a legal document.  The attorney drafts the document and sends it to the client.  Is this communication protected by the attorney-client privilege?

Accepted Answer

Yes, the attorney-client privilege protects both oral and written communications made for the purpose of obtaining legal advice.

Answer

The privilege does not apply to documents.

Answer

The privilege only applies to oral communications.

Question 44

A client seeks legal advice from an attorney regarding a personal injury claim. The attorney's advice is based on their expertise and knowledge of the law.  Is this advice protected by the attorney-client privilege?

Accepted Answer

Yes, the attorney-client privilege protects both legal advice and factual information shared for the purpose of obtaining legal advice.

Answer

The attorney-client privilege does not apply to advice given in personal injury cases.

Answer

The attorney-client privilege only applies to factual information, not legal advice.

Question 45

An attorney is contacted by a potential client about representing them in a DUI case. During the initial consultation, the potential client admits to driving under the influence. The attorney declines to take the case. Is the attorney ethically obligated to maintain confidentiality about the potential client's admission?

Accepted Answer

Yes, the attorney-client privilege applies even if no formal attorney-client relationship is established.

Answer

No, the attorney-client privilege only applies once a formal attorney-client relationship is formed.

Question 46

A client confides in their lawyer about a past crime they committed that is unrelated to the current legal matter. The client is later charged with this past crime. Can the lawyer be compelled to testify about the client's confession?

Accepted Answer

No, the attorney-client privilege protects confidential communications made for the purpose of seeking legal advice.

Answer

Yes, the attorney-client privilege only protects communications related to the current legal matter.

Question 47

During a meeting with their attorney, a client reveals their plan to destroy evidence related to the case. Is the attorney required to keep this information confidential?

Accepted Answer

No, the crime-fraud exception applies, as the communication was made to further a crime or fraud.

Answer

Yes, the attorney-client privilege protects all communications between attorney and client.

Answer

Yes, the attorney can only disclose the information if the client gives informed consent.

Question 48

A company's CEO instructs their in-house counsel to conduct an internal investigation into allegations of financial misconduct. Are the communications between the in-house counsel and company employees during the investigation protected by attorney-client privilege?

Accepted Answer

Yes, the privilege can apply to communications between corporate counsel and employees if certain conditions are met, such as the communication being for the purpose of seeking legal advice.

Answer

No, the attorney-client privilege only applies to communications between an attorney and individual clients.

Question 49

In a civil lawsuit, a party inadvertently discloses a document protected by attorney-client privilege during discovery. What steps should the disclosing party take to protect the privilege?

Accepted Answer

Immediately assert the privilege and take reasonable steps to retrieve the document under the Federal Rules of Civil Procedure.

Answer

Destroy all copies of the document to prevent further disclosure.

Question 50

A client sues their former lawyer for legal malpractice. Can the client waive the attorney-client privilege to disclose communications relevant to the malpractice claim?

Accepted Answer

Yes, the privilege can be waived by the client when necessary to defend themselves in a legal claim against their former attorney.

Answer

No, the attorney-client privilege is absolute and cannot be waived by the client.

Question 51

A client tells their lawyer about their intent to harm another person. Is the lawyer allowed to disclose this information to prevent harm?

Accepted Answer

Yes, the lawyer has a duty to prevent reasonably certain death or substantial bodily harm under the ethical rules of confidentiality.

Answer

No, the attorney-client privilege prohibits disclosure of any information shared by the client.

Question 52

During a deposition, a witness reveals confidential information shared with their attorney. What action can the attorney take to protect the confidentiality of the communication?

Accepted Answer

Object and instruct the witness not to answer the question, claiming attorney-client privilege.

Answer

Request a mistrial based on the witness's inadvertent disclosure.

Answer

Withdraw from representing the client to avoid further disclosure.

Question 53

A client shares a privileged communication with their attorney in the presence of a third party who is not a part of the attorney-client relationship. Is the communication still privileged?

Accepted Answer

No, the presence of a third party generally destroys the confidentiality required for the privilege to apply.

Answer

Yes, the attorney-client privilege always protects communications between a client, their attorney, and any third parties present.

Question 54

A client communicates with their lawyer via email. Are these email communications considered privileged?

Accepted Answer

Yes, electronic communications, including emails, can be protected by attorney-client privilege if they are confidential and made for the purpose of seeking legal advice.

Answer

No, attorney-client privilege only applies to in-person communications.