CFE – Law — Question 72

Bob receives a memorandum from his attorney that is protected by a legal professional privilege. Bob emails the memorandum to a third party who has no need to know the information in the memorandum. Which of the following statements is MOST ACCURATE?

Answer options

• A. Bob might have waived the privilege because he transmitted the protected information to a third party who has no need to know the information.
• B. Bob might have waived the privilege because he used email to transmit the protected information.
• C. Bob did not waive the privilege because the legal professional privilege belongs to the attorney, not the client.
• D. Bob did not waive the privilege because the legal professional privilege cannot be waived by transmitting protected information to a third party.

Correct answer: C

Explanation

The correct answer is C because the legal professional privilege is held by the attorney, meaning that the client (Bob) does not have the authority to waive it. Options A and B suggest that sharing the information, either with a third party or via email, could lead to a waiver, which is incorrect since the privilege belongs to the attorney. Option D incorrectly states that privilege cannot be waived by sharing, while it actually can be waived if done improperly, but in this case, it remains intact.