Certified Legal Professional (CLP) Practice Exam

Is the communication between the President and the VP regarding contract requirements considered privileged?

1. Yes, it is privileged as it relates to legal advice received

2. No, it is not privileged as it is a business decision

3. Yes, but only if discussed in a confidential meeting

4. No, because it was not directed to legal counsel

The correct answer is: Yes, it is privileged as it relates to legal advice received

The communication between the President and the Vice President regarding contract requirements is considered privileged primarily because it can fall under the attorney-client privilege, which protects legal communications made in confidence for the purpose of seeking or providing legal advice. When officials discuss contract requirements within the context of legal advice or strategy, those discussions can be protected, as the privilege encourages open and honest communication among government officials. While options that suggest it is not privileged might consider general business discussions or focus on whether a communication was directed to legal counsel, the essence of the privilege is about the nature of the communication. If the discussion revolves around seeking legal advice or legal implications of contracts, it holds a privileged status regardless of whether it took place in a formal setting or was directed explicitly to legal counsel. Therefore, the correct option encapsulates this principle by emphasizing that such communications are indeed privileged when related to legal advice, thereby fostering the necessary legal framework for confidentiality in governmental operations.