Certified Legal Professional (CLP) Practice Exam

What is the status of the communication regarding the President's instructions for drafting a contract?

1. Privileged because it explicitly seeks legal advice

2. Not privileged because it lacks legal context

3. Privileged due to the confidential relationship

4. Not privileged as it is merely a directive

The correct answer is: Privileged because it explicitly seeks legal advice

The correct choice highlights that the communication regarding the President's instructions for drafting a contract is privileged because it explicitly seeks legal advice. Legal privilege, particularly attorney-client privilege, is designed to encourage open and honest communication between a client and their attorney. This privilege ensures that any communication made in the context of seeking legal advice remains confidential and cannot be disclosed in court without consent. In this case, if the communication contains clear indications that it seeks guidance related to legal aspects of the contract drafting process, it falls under this privilege. This includes not only direct requests for legal advice but also discussions that are substantially tied to legal counsel’s involvement in shaping the decisions or drafting language to be used in a legal document. While discussing other contexts, it's crucial to recognize that simply providing a directive without any legal context or seeking legal advice would not suffice for claiming privilege. If the interaction primarily served as a mere instruction without the intent to seek legal counsel, it would likely fall outside the protections granted by privilege. However, since the correct answer emphasizes that legal advice is explicitly being sought, it aligns with the foundational principles of legal privilege.