Multistate Professional Responsibility Examination (MPRE)Client ConfidentialityEasy
Attorney Patel is representing a client, Ms. Kim, in a civil lawsuit. During a deposition, opposing counsel asks Ms. Kim about conversations she had with Patel regarding legal strategy. Ms. Kim looks to Patel, unsure how to respond. What is Patel's appropriate action in this situation?
- APatel should request a break to discuss the implications of the question with Ms. Kim.
- BPatel should instruct Ms. Kim to answer truthfully, as the deposition is under oath.
- CPatel should object to the question on the grounds of attorney-client privilege.
- DPatel should advise Ms. Kim that she can choose to answer or not, as it's her decision.
Show answer & explanationAnswer & explanation
Correct answer: C. Patel should object to the question on the grounds of attorney-client privilege.
Conversations between a client and their attorney regarding legal strategy are core communications protected by the attorney-client privilege. Patel, as the attorney, has a duty to assert this privilege on behalf of the client when such protected information is sought by an opposing party.
Why the other options are wrong
- A. While a break might be taken, the immediate and proper legal action is to object on privilege grounds, not just discuss, to preserve the privilege.
- B. Instructing to answer truthfully without asserting privilege would waive the protection, which is improper for privileged communications.
- D. While the client ultimately controls the privilege, the attorney has a professional duty to assert it unless instructed otherwise by the client after being fully informed.
Asserting Attorney-Client Privilege
An attorney has a duty to assert the attorney-client privilege on behalf of their client when an opposing party attempts to elicit privileged communications, unless the client, after being fully informed, chooses to waive it.
- Protects confidential communications between attorney and client for legal advice.
- The attorney has an affirmative duty to assert the privilege.
- The client holds and can waive the privilege.
Memory trick: Client's secrets, lawyer's shield.