Certified Legal Professional (CLP) Practice Exam

Why is the attorney correct in asserting privilege for the communication via interpreter?

1. The privilege applies because the interpreter acted as an agent of the client in facilitating the legal services

2. The privilege applies only if the attorney speaks the client's language

3. It does not apply since the client could find an English-speaking attorney

4. The privilege applies only if the interpreter was a professional interpreter

The correct answer is: The privilege applies only if the attorney speaks the client's language

The assertion of privilege for communication via interpreter is grounded in the understanding that the attorney-client privilege is designed to protect confidential communications between a client and their legal counsel. The key point to consider is that the presence of an interpreter does not dilute this privilege, as long as certain conditions are met. In this context, the correct reasoning for the privilege being applicable lies in the nature of the relationship between the parties involved. The interpreter, when used in a legal setting, is considered an agent of the client. This means that the communication is still within the private sphere of client-attorney discussions, thereby maintaining its confidential status. If the attorney requires communication through an interpreter, this underscores the necessity for confidentiality to ensure that the client can fully and frankly discuss their case or legal needs without fear of that information being disclosed or misinterpreted. The condition mentioned about the attorney speaking the client's language is somewhat limiting and not a requirement for privilege to be asserted. The essence of the privilege is about protecting communication rather than the language in which it occurs. Furthermore, the assertion that the privilege does not apply based on the client's ability to find an English-speaking attorney overlooks the fact that even if such an option exists, it does not negate the right for a client to communicate in