Certified Legal Professional (CLP) Practice Exam

In a case where a DOE subpoena requests a report on chemical disposal, is the attorney-client privilege upheld if the report was agreed to be shared with conditions?

1. Yes, because the confidentiality agreement protects the report

2. No, because the client waived any privilege by disclosing the report to the DOJ

3. No, because the report pertains to an ongoing investigation

4. Yes, because sharing with law enforcement maintains privilege

The correct answer is: No, because the client waived any privilege by disclosing the report to the DOJ

The determination of whether attorney-client privilege is upheld hinges significantly on the principle that confidentiality is central to the existence of that privilege. When a report is disclosed to a third party, such as the Department of Justice (DOJ), the privilege may be considered waived. In the case where the report was agreed to be shared with conditions, this act of disclosure typically does not maintain the attorney-client privilege, as sharing information with external parties — even under specified terms — can lead to a waiver of that privilege. Specifically, once the client shares the report, they essentially open up the possibility that the information could be used outside the bounds of the attorney-client relationship, thus undermining the confidentiality that privilege is designed to protect. Therefore, by disclosing the report to the DOJ, the client has likely waived any claim to privilege regarding that report, which is a critical principle in legal contexts.