New York Law (NYLE) Practice Exam

When is a client's communication not protected by the attorney-client privilege?

1. The client communicates with multiple attorneys at once.

2. The client speaks in the presence of a friend during the conversation.

3. The attorney discusses the client’s case publicly.

4. The client provides information to the attorney in writing.

The correct answer is: The client speaks in the presence of a friend during the conversation.

The attorney-client privilege is designed to protect confidential communications between a client and their attorney from being disclosed without the client’s consent. This privilege encourages open and honest communication, allowing clients to fully share information with their legal counsel. When a client speaks in the presence of a friend during the conversation, the communication may no longer be considered confidential. The presence of a third party, who is not part of the attorney-client relationship, can compromise the expectation of privacy, thereby negating the privilege. For the attorney-client privilege to apply, communications must be made in confidence and intended to be confidential. In contrast, the other scenarios presented do not necessarily void the attorney-client privilege. For instance, communicating with multiple attorneys can still be covered by the privilege as long as the communication remains confidential among those attorneys. A public discussion by the attorney about a case does not automatically invalidate existing privileged communications unless it reveals privileged information without the client’s consent. Providing information in writing to the attorney also maintains the privilege, provided there is no unauthorized disclosure of that writing. Thus, the presence of a friend during the communication is a clear breach of confidentiality, leading to the conclusion that such communication is not protected by the attorney-client privilege.