Certified Legal Professional (CLP) Practice Exam

Are the emails discussing the requirements for a binding contract privileged?

1. Yes, the email from the President to the General Counsel is privileged

2. No, the email chain is not privileged since it discusses business practice

3. Only the response from General Counsel is privileged

4. Only the initial email from the President is privileged

The correct answer is: Yes, the email from the President to the General Counsel is privileged

The assertion that the email from the President to the General Counsel is privileged is grounded in the legal principle surrounding attorney-client privilege. This concept protects communications made in the course of seeking legal advice. When a client, in this case, the President, communicates with their attorney, the General Counsel, with the intention of obtaining legal guidance regarding a binding contract, those exchanges are shielded from disclosure in legal proceedings. Privilege typically applies to confidential communications between an attorney and their client that are made in the context of providing legal advice. The nature of the content does not solely dictate whether something is privileged; the relationship between the parties and the purpose of the communication are pivotal factors. Since the email discusses legal requirements pertaining to contracts and seeks insights from legal counsel, it falls squarely within the protective ambit of attorney-client privilege. The other options may suggest different interpretations of privilege, potentially focusing on the content or the roles of the individuals involved. However, the fundamental point is that as long as the communication is intended to solicit or provide legal advice, it maintains its privileged status. In this scenario, the communication is between a high-level executive and the legal advisor regarding an important legal matter, which further underscores its privileged nature.