Certified Legal Professional (CLP) Practice Exam

If a client confesses to destroying documents that may affect a legal case, is that statement protected under attorney-client privilege?

1. Yes, because the information is confidential

2. No, because it involves possible illegal activity

3. Yes, provided the client abandons plans for further destruction

4. No, because it is not related to seeking legal advice

The correct answer is: Yes, provided the client abandons plans for further destruction

The correct answer addresses a nuanced aspect of attorney-client privilege, particularly in the context of ongoing or planned illegal activities. Attorney-client privilege is designed to protect confidential communications between a client and their attorney in order to enable full and frank discussions about legal matters. However, this privilege does not extend to communications involving the intent to commit future crimes or to conceal past crimes. In this scenario, the relevant consideration is whether the client has indicated a change in intention regarding the destruction of documents. If the client confesses to having destroyed documents related to a legal case but then articulates a decision to cease any further destruction, this change in intentions could suggest that the communication is now seeking legal advice on how to address the ramifications of prior actions. In such a case, confidentiality could be maintained, allowing the attorney to provide guidance on how to navigate the legal implications without the risk of implicating the client in ongoing illegal conduct. The other options reflect misunderstandings of the privilege and its limitations. The notions of confidentiality, potential illegal activity, and the relevance of seeking legal advice all play critical roles in determining the scope and applicability of attorney-client privilege. Nonetheless, the key element here lies in the client's abandonment of any further destructive action, which reinstates the protective aspects of the