Certified Legal Professional (CLP) Practice Exam

Why might the statement "Draft a contract including 1, 2, 3, and also 4, 5, and 6" be deemed privileged?

1. Because it includes terms for negotiation

2. Because it is made in the context of seeking legal advice

3. Because it refers to business operations

4. Because it shows intent to confide in counsel

The correct answer is: Because it is made in the context of seeking legal advice

The statement "Draft a contract including 1, 2, 3, and also 4, 5, and 6" might be deemed privileged because it is made in the context of seeking legal advice. Legal privilege aims to protect communications between a client and their attorney to ensure that the client can speak freely and openly about their needs without fear that their statements will be disclosed to others. When a client approaches an attorney with the intent to discuss or seek legal counsel—such as drafting a contract—they engage in a confidential conversation that is protected under attorney-client privilege. This protection encourages candid discussions, allowing clients to provide all necessary information to their legal advisors. Because the statement involves a request for legal drafting services, it falls under this umbrella of confidentiality. It is essential for clients to know that their communications with legal professionals will be safeguarded, fostering an environment where they can fully articulate their requirements or concerns. In contrast to this, although terms for negotiation and references to business operations can be important in different contexts, they do not alone create a privileged communication. Intent to confide in counsel is implicit in the request for legal assistance, but the primary privilege arises from the context in which the communication is made—specifically, when seeking legal advice