Multistate Professional Responsibility Exam Practice Question
A client visits an attorney to discuss past financial activity. The client brings a friend who is curious about the situation, yet not assisting with the matter. After the meeting, the client attempts to block discovery requests seeking details of the discussion. Which answer is best?
It is maintained because conversations inside an attorney’s office are protected.
These discussions are never discoverable due to privilege.
It is waived because a friend who is not engaged to help with legal services was present.
It is waived if details about the past financial activity concern subsequent criminal acts.
The privilege requires that the communication be confidential when made for obtaining legal advice. A non-essential third party who is present out of curiosity typically breaks confidentiality, making the exchange inadmissible under the privilege. If the third party is involved to help the lawyer provide legal services, the privilege may remain intact. Wrong answers suggest that keeping a meeting within an attorney’s office automatically guarantees the privilege or that any third-party presence mandates a waiver, both of which overlook the principle that privilege hinges on the purpose and necessity of the participant’s presence.
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What is attorney-client privilege?
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What qualifies as a necessary third party for maintaining privilege?