Bar Exam — MBE (Multistate Bar Exam)EvidenceMedium
A client consults with an attorney regarding a potential lawsuit. During their initial meeting, the client describes the facts of the case and asks the attorney for legal advice. The attorney then dictates a memo to her paralegal summarizing the client's statements and outlining potential legal strategies. Later, the opposing party seeks discovery of this memo. Is the memo protected by attorney-client privilege?
- AYes, because it summarizes confidential communications made for the purpose of obtaining legal advice.
- BYes, but only the portion summarizing the client's statements, not the legal strategies.
- CNo, because the memo was dictated to a paralegal, not directly to the client.
- DNo, because the memo itself is not a direct communication from the client.
Show answer & explanationAnswer & explanation
Correct answer: A. Yes, because it summarizes confidential communications made for the purpose of obtaining legal advice.
The attorney-client privilege protects confidential communications between a client and an attorney (or their agents) made for the purpose of rendering legal advice. A memo summarizing client statements and legal strategy falls within this protection, even if dictated to a paralegal, who is an agent of the attorney.
Why the other options are wrong
- B. Legal strategies developed in response to client communications are also typically protected by attorney-client privilege (and potentially work-product doctrine), as they stem from the privileged communication.
- C. Paralegals and other support staff are considered agents of the attorney for privilege purposes, so communication through or to them does not defeat the privilege.
- D. The privilege protects the substance of the confidential communication, whether it's the client's direct words or the attorney's record of them for legal advice.
Attorney-Client Privilege Scope
Protects confidential communications between a client and their attorney (or their agents) made for the purpose of facilitating the rendition of legal services.
- Communication must be confidential.
- Must be between client and attorney (or their representatives).
- Must be for the purpose of seeking or rendering legal advice.
- The privilege belongs to the client and can only be waived by the client.
Memory trick: Lawyers Keep Clients' Secrets Confidentially.