Certified Legal Professional (CLP) Practice Exam

If a client shares confidential information with their attorney before formally hiring them, is that information protected?

1. Yes, always, regardless of formal engagement

2. No, because there is no established relationship

3. Yes, if the client was seeking legal advice

4. No, unless specified otherwise in writing

The correct answer is: Yes, if the client was seeking legal advice

The correct choice is based on the principle that communications between a client and an attorney can be protected under the attorney-client privilege when the client is seeking legal advice, even if an official engagement has not been established. This privilege is designed to encourage open and honest communication between clients and their attorneys, allowing clients to freely discuss their legal issues without fear that their disclosures will be used against them. In this scenario, if a potential client approaches a lawyer to seek legal advice and shares confidential information in that context, the information may indeed be protected under the attorney-client privilege. The key factor here is the client's intent to seek legal counsel, which establishes a preliminary relationship that can afford some level of confidentiality to their communication. Other options may not accurately reflect the nuances of attorney-client privilege. For instance, indicating that no protection exists simply because there has not been a formal engagement overlooks situations where legal advice is sought, which is the crux of the privilege. Similarly, stating that protection is contingent upon written specifications does not align with the fundamental legal principles governing confidentiality in attorney-client communications. Overall, the essence of the privacy accorded to communications in the pursuit of legal assistance is what makes the selected answer correct.