Certified Legal Professional (CLP) Practice Exam

What determines if the General Counsel's proposed contract email is privileged?

1. It is privileged if it contains preliminary assessments

2. It is not privileged as it is shared with a non-client

3. It is privileged because it directly pertains to legal advice

4. It is only privileged if the client is in agreement

The correct answer is: It is privileged because it directly pertains to legal advice

The determination of whether the General Counsel's proposed contract email is privileged primarily hinges on the nature of the communication and its purpose. Legal privilege generally protects communications that are made in the context of seeking or providing legal advice. In this case, if the email directly pertains to legal advice, it is likely to be considered privileged. This means that if the communication involves the General Counsel providing legal insights or assessments related to the proposed contract, it establishes a confidential attorney-client relationship, thereby safeguarding the content from disclosure in legal proceedings. The essence of attorney-client privilege is to encourage open and honest communication between the attorney and the client. Therefore, when the email specifically offers legal advice or engages in legal analysis about the contract, it aligns with the privilege's intent, making it protected. Other choices do not hold up under the principles surrounding legal privilege: preliminary assessments alone may not constitute privileged communication unless they are tied to legal advice; sharing information with non-clients can sometimes affect privilege, but if the communication remains within the context of providing legal advice, it may still be protected; and the client's agreement, while important in certain contexts, is not a definitive requirement for privilege to exist when the email's content already qualifies as legal advice.