Multistate Professional Responsibility Exam Practice Question
Asher speaks with an attorney regarding possible liability, and they conclude the meeting without signing an agreement. During a hearing, the attorney is pressured to share Asher’s statements. Which option is the best response under attorney-client privilege principles?
Because no agreement was signed, Asher’s remarks fall outside privilege.
Topics unrelated to legal issues receive privileged status during the initial discussion.
Paying a consultation fee grants privileged status for Asher’s statements.
Exchanges during a consultation for legal advice qualify as privileged although no representation results.
Those who consult attorneys about legal concerns generally enjoy privileged status over relevant communications, even if the attorney never takes the case. Paying consultation fees does not by itself create or remove privilege. Written agreements are unnecessary when the purpose is to seek legal advice. Conversations unrelated to possible representation, such as personal non-legal topics, remain outside the scope of privilege.
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