Study for the MBE Critical Pass Test. Enhance your knowledge with flashcards and multiple choice questions. Prepare thoroughly for your exam with detailed hints and explanations.

Multiple Choice

If an attorney represents an organization as a client, to whom does the attorney-client privilege apply?

When the client is an organization, the attorney-client privilege covers communications between the attorney and people within the organization who are necessary for the lawyer to provide legal services. The key is that those individuals are authorized to speak to the attorney about the matter and to relay information needed for the legal representation, all with the expectation of confidentiality. So the best answer is a person who is an employee and authorized to talk to the attorney, because such employees are part of the organization’s process for obtaining and receiving legal advice. This isn’t limited to executives, and it isn’t limited to in-house counsel—outside lawyers can be involved too as long as the communication is for legal advice and kept confidential. Third-party consultants can be part of the privilege only if they are necessary to provide the legal services and their involvement is confidential; they aren’t automatically included simply by virtue of being a consultant.

When the client is an organization, the attorney-client privilege covers communications between the attorney and people within the organization who are necessary for the lawyer to provide legal services. The key is that those individuals are authorized to speak to the attorney about the matter and to relay information needed for the legal representation, all with the expectation of confidentiality.

So the best answer is a person who is an employee and authorized to talk to the attorney, because such employees are part of the organization’s process for obtaining and receiving legal advice. This isn’t limited to executives, and it isn’t limited to in-house counsel—outside lawyers can be involved too as long as the communication is for legal advice and kept confidential. Third-party consultants can be part of the privilege only if they are necessary to provide the legal services and their involvement is confidential; they aren’t automatically included simply by virtue of being a consultant.