CFE – Law — Question 59

An attorney hires a fraud examiner to work on an embezzlement case. In connection with the case, the attorney emails the fraud examiner a copy of a memorandum that is protected by a legal professional privilege. Which of the following statements is MOST ACCURATE?

Answer options

• A. The attorney did not waive the privilege if the fraud examiner needed to know the information in the memorandum to work on the case.
• B. The attorney waived the privilege because they used email to transmit the protected information.
• C. The attorney waived the privilege because they transmitted the protected information to a third party.
• D. The attorney did not waive the privilege because the legal professional privilege belongs to the client, not the attorney.

Correct answer: D

Explanation

The correct answer is D because the legal professional privilege belongs to the client, meaning the attorney retains the privilege even when communicating with a fraud examiner. Options A, B, and C are incorrect as they misunderstand the nature of the privilege and its ownership, and the method of communication does not automatically waive the privilege.