Certified Legal Professional (CLP) Practice Exam

What type of communication is the Sales Manager's message to the VP about a handshake deal?

1. Privileged because it refers to negotiations for a binding contract

2. Not privileged because it does not involve legal advice

3. Privileged since it’s about contractual discussions

4. Not privileged because it’s only a mention of informal agreement

The correct answer is: Not privileged because it does not involve legal advice

The assertion that the communication from the Sales Manager to the VP is not privileged because it does not involve legal advice is accurate. Privilege, particularly in legal contexts, typically applies to communications that involve confidential exchanges between a client and their attorney, which are meant for the purpose of obtaining or conveying legal advice. In this case, the Sales Manager’s message is about an informal handshake deal, which implies a level of informality not typically covered under privilege rules that protect the confidentiality of legal advice. Additionally, since the message does not seek legal guidance or involve a lawyer's counsel but rather discusses negotiations or agreements at a non-legal level, it does not meet the criteria necessary for privileged communication under the attorney-client privilege doctrine. This is why, despite the mention of contractual discussions, the key factor is that there is no involvement of legal advice in this context, making it not privileged. The other options suggest a level of legal counsel or binding contract negotiation that the context does not support, reinforcing that the communication does not qualify for privilege status.