Certified Legal Professional (CLP) Practice Exam

Which communication is determined to be not privileged in context?

1. VP to Sales Manager regarding contract negotiations

2. President to General Counsel discussing contract drafting

3. General Counsel to Paralegal regarding contract language

4. President to General Counsel about urgent contract needs

The correct answer is: VP to Sales Manager regarding contract negotiations

In the context of lawyer-client privilege and the protection of privileged communications, the correct response highlights a scenario that does not meet the criteria for privileged communication. Lawyer-client privilege typically protects communications between a client and their legal counsel regarding legal advice and matters. In the case of the Vice President communicating with the Sales Manager about contract negotiations, this interaction is primarily business-related rather than legal in nature. The Sales Manager, while potentially involved in the execution or negotiation of contracts, is not acting in a legal capacity nor engaged in a conversation seeking legal advice. Therefore, the communication does not fulfill the essential requirement of being made for the purpose of seeking or providing legal advice. In contrast, communications that involve legal counsel—such as the President discussing legal matters directly with the General Counsel or internal discussions aimed at obtaining legal advice—are protected under the privilege, as they occur within a formal attorney-client relationship where the intent is to secure legal guidance.